Possible N-400 Application denial from multiple overseas trips

[ImmigrantKrish 75]

I agree with @Mike E

They pretty mush ask what they want... the odds of approval or denial is based on the answers we give/how truthful we are.

[nastra30 2,284]

15 hours ago, IAmKhaye said:

The original plan is applying for the 3-year rule. But now, I am considering @OldUser's recommendation. 

Good recommendation. I concur.

[IAmKhaye 3]

On 1/25/2023 at 2:05 PM, OldUser said:

But you were admitted as LPR and wasn't put in removal proceedings.

 

My suggestion (not a legal advice) is to file based on 5 year rule sometime later this year (say April 2023, more than 5 years since you came back in February 2018).

 

You will give travel history within last 5 years which would not include that long trip, because you will be covering April 2018 - April 2023 period in your travel dates.

 

You should be OK but may want to consult with a lawyer first.

 

If USCIS asks about anything prior to that and accuse you of abandoning LPR, you can show the same proof of ties you showed to CBP after that long trip. Of course if they ask about any trips over 180 days ever since you became a LPR, you need to answer that truthfully.

 

Perhaps @Mike E, @Family or @Crazy Cat can comment on your issue.

 

We decided to push through with the 5-year rule per your recommendation. Thank you so much! 

 

Though applying for the 3-year rule is not really a concern as we have more than enough evidence to provide, the 5-year route is definitely less burdensome.

 

 

[IAmKhaye 3]

On 1/25/2023 at 2:05 PM, OldUser said:

But you were admitted as LPR and wasn't put in removal proceedings.

 

My suggestion (not a legal advice) is to file based on 5 year rule sometime later this year (say April 2023, more than 5 years since you came back in February 2018).

 

You will give travel history within last 5 years which would not include that long trip, because you will be covering April 2018 - April 2023 period in your travel dates.

 

You should be OK but may want to consult with a lawyer first.

 

If USCIS asks about anything prior to that and accuse you of abandoning LPR, you can show the same proof of ties you showed to CBP after that long trip. Of course if they ask about any trips over 180 days ever since you became a LPR, you need to answer that truthfully.

 

Perhaps @Mike E, @Family or @Crazy Cat can comment on your issue.

 

I do have a follow-up query.

 

Is the approval of I-193 at the port of entry and being readmitted as LPR after that long trip enough to keep my LPR status for naturalization purposes?

 

As what @Family had mentioned, USCIS will not consider trips outside the statutory period. However, my concern now is the process on how I was readmitted. Or is this even an issue and I am just being paranoid?

 

I just wanted to cover all bases and prepare myself for any possible hiccups that may arise during the naturalization process.

[Family 3,988]

If they can’t peek at the trips ( physical presence ), they cannot peek a boo at continuous residence..

You came back fine . 

https://www.uscis.gov/citizenship/continuous-residence-and-physical-presence-requirements-for-naturalization

[cyndallita 8]

On 1/25/2023 at 8:12 PM, IAmKhaye said:

Hello everyone, I truly appreciate any advice or inputs that you may have regarding my case. Here’s my timeline.

 

GC Received: July 2013

 

Traveled Overseas: Jul 4, 2016 – Aug 10, 2017 (403 days)

 

Came back to the US: Aug 11, 2017 – Aug 17, 2017 (7days)

*Filed an I-193 at the port of entry and granted entry as an LPR by the IO. I was not able to show a re-entry permit as I did not expect to be gone that long. Showed to the IO evidence about my ties in the US (tax returns, bank statements, physical address and mailing address)

 

Traveled Overseas:  

-        Aug 17, 2017 – Feb 06, 2018 (173 days)

-        Jul 04, 2018 – Sep 08, 2018 (66 days)

-        Nov 06, 2019 – Dec 24, 2019 (48 days)

-        Jan 11, 2020 – Feb 12, 2020 (32 days)

 

*All of these travels were work and medical related.

 

I never traveled overseas since Feb 12, 2020 until present. I will be applying for naturalization based on the 3-year rule next month (Feb 2023). My concern now is when USCIS will review my entire immigration file. They might consider abandonment of LPR status (Jul 2016-Aug 2017 Trip) and possibly be placed for removal proceedings, even if I successfully achieved my required statutory period preceding the naturalization process.

 

Is it wise to apply for naturalization and take my chances? or be a LPR forever? What are my chances of being denied but still keep my LPR status? Or risk of being removed or deported?

Hi Khaye!

 

I wanted to ask what were the BCP's questions when you came back on AUg 11, 2017 where you were approved with I-193? And what were your answers? I am also outside of US for 1.2 years already and would want to come back to US for a short trip. I have no re entry permit and in all honestly, I dont have ties anymore to US. I am planning to abandon my GC upon arrival there but a lot of people suggest to abandon it only after I leave US again.

 

I am curious to know what the BCP officers ask you during this arrival and how should that be answered so I get an I-193 approval.

 

I am also PH citizen. Thanks!

[powerpuff 6,670]

Old thread locked for further comment. OP hasn’t logged on in months. Please start your own thread to ask questions instead of hijacking other members threads, especially considering the topic of this thread is significantly different from the question asked. Alternatively, please send them a PM.

 

 

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