Filing for naturalization with travel issue

[Leoab1988 0]

Hello

 

I’m filing for naturalization based on marriage. I meet the requirement to apply and haven’t traveled outside the US in the past 3 years.

 

However, I made trips for more than 6 months during COVID. Do I need to provide 5 years history of travel? Or 3 years enough since I’m applying through marriage? 
 

Thanks for your help!

 

Leo

 

 

[Leoab1988 0]

To clarify: the long trips were before the last 3 years.

 

[OldUser 6,633]

Usually 3 years of history when filing under 3 year rule.

How long have you been an LPR? Were you LPR when you had those long trips? When was the last long trip?

Edited April 27, 2023 by OldUser

[Leoab1988 0]

40 minutes ago, OldUser said:

Usually 3 years of history when filing under 3 year rule.

How long have you been an LPR? Were you LPR when you had those long trips? When was the last long trip?

LPR since 2015 and

I was LPR  when I had those trips.. Last long trip ended June 2020.

Edited April 27, 2023 by Leoab1988

[carmel34 3,621]

9 hours ago, Leoab1988 said:

Do I need to provide 5 years history of travel?

Yes.  N-400 asks for travel history outside of the US for last 5 years.

[Chancy 6,241]

18 hours ago, Leoab1988 said:

Do I need to provide 5 years history of travel? Or 3 years enough since I’m applying through marriage?

 

Just to comply with the form instructions, enter 5 years of travel history if you've been an LPR for those 5 years.  If you're filing N-400 under the 3-year rule, USCIS should only consider the most recent 3 of those 5 years.

 

[OldUser 6,633]

3 minutes ago, Chancy said:

 

Just to comply with the form instructions, enter 5 years of travel history if you've been an LPR for those 5 years.  If you're filing N-400 under the 3-year rule, USCIS should only consider the most recent 3 of those 5 years.

 

Would USCIS put LPR status in question due to broken continuous residence? I think the only reason OP is filing under 3 year rule is because they're worried about long absences from the US in the 5 year period.

 

Obviously, if they file in June 2025 under 5 year rule those absenses would be out of scope.

But what about now?

[Chancy 6,241]

3 minutes ago, OldUser said:

Would USCIS put LPR status in question due to broken continuous residence?

 

If filing under the 3-year rule, only need to have continuous US residence for the 3 years prior to filing.  In exchange for the lighter residence requirement, applicants are required to be living in marital union for those 3 years to the same USC.  5-year rule -- more US physical presence and continuous residence needed, but don't care who you're living with, if any.

 

[OldUser 6,633]

7 minutes ago, Chancy said:

 

If filing under the 3-year rule, only need to have continuous US residence for the 3 years prior to filing.  In exchange for the lighter residence requirement, applicants are required to be living in marital union for those 3 years to the same USC.  5-year rule -- more US physical presence and continuous residence needed, but don't care who you're living with, if any.

 

Can USCIS determine LPR was abandoned if absense was over a year? And what happens in this case?

[Chancy 6,241]

Just now, OldUser said:

Can USCIS determine LPR was abandoned if absense was over a year?

 

LPRs filing under 5-year rule do not have to worry about long absences before the 5 years prior to filing.  Under 3-year rule, no need to worry about trips before the 3 years.  It's a privilege of being married to the same USC for 3 years.  The suggestion to provide 5 years of travel history is really just for literal interpretation of the form instructions, even if only the past 3 years should be considered.

 

[Demise 1,281]

2 hours ago, OldUser said:

Would USCIS put LPR status in question due to broken continuous residence? I think the only reason OP is filing under 3 year rule is because they're worried about long absences from the US in the 5 year period.

 

Obviously, if they file in June 2025 under 5 year rule those absenses would be out of scope.

But what about now?

No, contrary to popular belief there's no concrete 1 year absence rule to lose your LPR status. Basically anything above 6 months is subject to the discretion of CBP whether to admit you as an LPR (good) or parole you as an arriving alien for removal proceedings (bad) which then lets an IJ deal with the issue whether to admit you or deport you or consider any other form of relief. If they let you back in you're in the clear.

 

Naturalizing under the 3 year rule only the last 3 years matter, form asks for 5 years of travel history, give it to them, but only the last 3 years matter for calculating the physical presence to naturalize in this case.

Edited April 27, 2023 by Demise

[igoyougoduke 1,656]

On 4/27/2023 at 2:57 PM, OldUser said:

Can USCIS determine LPR was abandoned if absense was over a year? And what happens in this case?

if you are in the country and port of entry had no issues that LPR is valid and they let you in, there should be no issues . absence of over year will break the continuous residency requirements and has nothing to do with LPR abandonment and you will restart n-400 residency requirements. from the day of reentry