Continuous Residence for N400 Please help

[Help.please 0]

I have had my greencard for 4 years and 9 months. I have 2 long trips in these years, both being 5 months and a few days (both are less then 6 months) between trips however I have only been in US for 5 months and 26 days. So the first trip of 5 months and 4 days was delayed because of covid. I came in US for 5 months and 25 days and travelled for my second trip for 5 months and 10 days. At the airport I was told they think I was abandoning my green card and I am getting flagged b the system and shouldn't leave again for atleast a year. It has been 1.5 years that I have not travelled since my last trip.

 

I have only worked for 1 year in these 5 years in US. Live with friends, I don't pay them rent. I have been studying for some exams (not an enrolled student here though) and was not employed during those visits to my home country. I am also divorced, so no ties to US. I also took unemployment assistance during covid.

 

Have I disrupted my continuous residence? 

 

I have the following to prove I was not trying to abandon my greencard:

-my bank accounts that were active during those times (not linked to any bills)
-my medical insurance (on medicaid)

-I can get a letter from my friends I live with mentioning I had access to this whenever I was to return to this house. Please suggest what letter should state if possible

-I had no employment in my home country but how can I bring evidence of it?

-my travel tickets.

 

Please suggest what I can do to help my case, and what happens if they deny my n400? Does it affect my greencard? or can that be taken too?

 

[OldUser 6,635]

4 hours ago, Help.please said:

Please suggest what I can do to help my case

 

If you start counting 5 years from the date you returned from the last long trip and apply based on that, you likely won't have this issue. At that time you'll be asked to provide travel history in the last 5 years, and those trips won't be included. 

 

 

 

 

You can read more here:

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

4 hours ago, Help.please said:

and what happens if they deny my n400? Does it affect my greencard? or can that be taken too?

 

Most likely you'll be able to reapply when you become eligible. There's very small chance of USCIS taking your GC away.

Edited December 6, 2023 by OldUser

[Chancy 6,241]

*** Moved from General Immigration-Related Discussion to US Citizenship General Discussion ***

 

[Help.please 0]

13 hours ago, OldUser said:

 

If you start counting 5 years from the date you returned from the last long trip and apply based on that, you likely won't have this issue. At that time you'll be asked to provide travel history in the last 5 years, and those trips won't be included. 

 

 

 

 

You can read more here:

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

Most likely you'll be able to reapply when you become eligible. There's very small chance of USCIS taking your GC away.

I have a sick parent and what to travel but was advised by the CBP officer not to leave or they won't allow be back, unless I have a re entry permit.
one attorney told me I should wait a few months, after my greencard 5 year anniversary and then apply. Another attorney insisted, that I am eligible and they stays outside are less than 6 months and should not be a problem. He also said I have been here 1.5 months after my last trip so should be okay. He said some cases are getting approved in 4 months, som I wont even need a re entry permit.
I was not told by either attorney that they can take away my greencard

I am really confused on both opinions and have no idea which option will be better for me. 

[OldUser 6,635]

1 hour ago, Help.please said:

one attorney told me I should wait a few months, after my greencard 5 year anniversary and then apply.

I hope you realize that this won't solve your problem with travel in the short term? It will make it more complicated for the next 6 / 9 / 12 / 18 months, or however long N-400 takes? You wouldn't want to leave and miss biometrics, interview or oath.

 

I think reentry permit is what you need.

CBP told you you're flagged by the system. Attorneys don't have access to that system, they cannot guarantee anything.

 

 

 

[Help.please 0]

1 hour ago, OldUser said:

I hope you realize that this won't solve your problem with travel in the short term? It will make it more complicated for the next 6 / 9 / 12 / 18 months, or however long N-400 takes? You wouldn't want to leave and miss biometrics, interview or oath.

 

I think reentry permit is what you need.

CBP told you you're flagged by the system. Attorneys don't have access to that system, they cannot guarantee anything.

 

 

 

sorry for the confusion, I meant one attorney said you should be filing after 5 years and 5 months (extra 5 months to cover for half the time I was out i.e 10 months) she said this might show them i have covered the extra time but doesn't know if it will make a difference and I might still be denied. As I don't have a life here, not employment, not paying rent.

 

others have suggested I am eligible and I shouldn't worry about the trips as they are less than 6 months. Also mentioned the CBP flagging me won't affect citizenship, it is for travel the next time I come back. They also say unemployment and not paying rent doesn't matter.

Can you please tell me what your suggestion is? should i file now in 4 years 9 months?

[Help.please 0]

On 12/6/2023 at 11:16 AM, Help.please said:

sorry for the confusion, I meant one attorney said you should be filing after 5 years and 5 months (extra 5 months to cover for half the time I was out i.e 10 months) she said this might show them i have covered the extra time but doesn't know if it will make a difference and I might still be denied. As I don't have a life here, not employment, not paying rent.

 

others have suggested I am eligible and I shouldn't worry about the trips as they are less than 6 months. Also mentioned the CBP flagging me won't affect citizenship, it is for travel the next time I come back. They also say unemployment and not paying rent doesn't matter.

Can you please tell me what your suggestion is? should i file now in 4 years 9 months?

can you please elaborate how you think it might complicate my case more if I apply a few months late?

[OldUser 6,635]

15 minutes ago, Help.please said:

can you please elaborate how you think it might complicate my case more if I apply a few months late?

Your case won't be complicated by applying few months late. It will be more complicated because now you have at least two, maybe three appointments in the US which you cannot miss:

 

1. Biometrics (may be waived)

2. N-400 interview

3. Oath

4. Obtaining US passport

 

 

All of these require you being in the US.

This contradicts your need to travel abroad:

 

On 12/6/2023 at 5:59 AM, Help.please said:

I have a sick parent and what to travel but was advised by the CBP officer not to leave or they won't allow be back, unless I have a re entry permit.

 

Essentially, are you ready to stay in the US for the next 6-9-12-18 months to become a citizen? This is the best scenario. The worst is if your N-400 gets denied after this long wait.

Edited December 8, 2023 by OldUser