Have I lost my chance to naturalize?

[OldUser 7,005]

Just now, Family said:

This paralegal quotes wrong reasons/law, but has good instincts.😂

That's true

[OldUser 7,005]

11 minutes ago, claudia91 said:

Ah, are you saying that they gonna check again if my marriage was real, and stuff like that? I dont think that would be a problem coz they approved my ROC with all the millions of evidence I sent

 

Everything can be revisited during N-400 and especially if you and your spouse lived separately any time prior to I-751 approval. Essentially, USCIS can determine ROC was approved in error. How long after ROC approval did you divorce?

Edited October 19 by OldUser

[SalishSea 17,980]

4 hours ago, claudia91 said:

Ah, are you saying that they gonna check again if my marriage was real, and stuff like that? I dont think that would be a problem coz they approved my ROC with all the millions of evidence I sent

 

Yes.   Seems you married a USC and then spent the better part of three years apart, and overseas?

[PeterNy 0]

Do you have an update on this?  The paralegal is correct, I am in a similar situation.

"Absences from the United States can not only affect a person’s ability to naturalize, but it can lead to a finding that the
person has abandoned their lawful permanent resident status. This in turn can cause the person to be deported from the
United States. This is because lawful permanent residents have the right to reside in the United States permanently so
long as their status does not change."

[questionstoday 2]

On 10/18/2024 at 7:12 PM, claudia91 said:

I have been a Green Card holder for almost 7 years, but the problem is that during the first 3 years of Green Card ( 2017-2020 ), I spent 90% of my time outside of the U.S. finishing my degree in my home country. I would generally return every 11 months, and it went on like that for 3 years

I never stayed outside the U.S. for more than one year, but I would usually come back every 10 or 11 months.

 

Four years ago ( 2000 ), I returned to the U.S. for good, and I was thinking of applying for citizenship next year (following the 5-year rule). However, I have a friend who is a paralegal, and he told me that my citizenship will likely be denied because of my absences during the first few years( 2017-2020 )

 

What do you guys think? Have I lost my chance to naturalize? And if I can’t naturalize next year, what do you suggest I do - to naturalize in the future, or thats never going to happen?

 

Thank you 

 

 

I would seek legal help, I am in a similar situation. From my consultations with lawyers, divorce soon after green card raises red flags with USCIS (as it should), but it's not necessarily a deal breaker. But, if you have valid reasons and you can show that you made genuine efforts to maintain the relationship (with evidence such as shared leases, joint travels, etc), then you should be fine.

 

The point is, USCIS can accuse you of marriage fraud and potentially revoke your green card, but the burden of proof lies with them. Unlike a green card application where you must prove the legitimacy of your marriage, in an accusation of marriage fraud, they must establish beyond a reasonable doubt that you engaged in fraudulent marriage -- a serious accusation with significant consequences.

 

But again, I would seek legal help and even have your lawyer with you during the interview.

[OldUser 7,005]

25 minutes ago, questionstoday said:

But again, I would seek legal help and even have your lawyer with you during the interview.

Doesn't hurt.

 

 

25 minutes ago, questionstoday said:

The point is, USCIS can accuse you of marriage fraud and potentially revoke your green card, but the burden of proof lies with them. Unlike a green card application where you must prove the legitimacy of your marriage, in an accusation of marriage fraud, they must establish beyond a reasonable doubt that you engaged in fraudulent marriage -- a serious accusation with significant consequences.

 

At least for I-751, they usually flip it to "You haven't provided enough evidence of bonafide marriage thus we cannot establish the fact you haven't entered marriage for immigration benefit".

 

During interview, I wouldn't be surprised to get questions like "What was the color of the carpet in the bedroom you lived with your spouse 5 years ago" and "What was the name of 2nd cousin your wife has". 

 

I'd consult a lawyer, bring a lawyer to interview and have a thick folder of marriage entered in good faith evidence. From pictures together and all bank statements and lease agreements, trips together, joint tax filings to USPS Informed Delivery printouts and junkmail addresses to both of you.

Edited Monday at 07:55 PM by OldUser

[igoyougoduke 1,663]

On 10/18/2024 at 7:12 PM, claudia91 said:

I have been a Green Card holder for almost 7 years, but the problem is that during the first 3 years of Green Card ( 2017-2020 ), I spent 90% of my time outside of the U.S. finishing my degree in my home country. I would generally return every 11 months, and it went on like that for 3 years

I never stayed outside the U.S. for more than one year, but I would usually come back every 10 or 11 months.

 

Four years ago ( 2000 ), I returned to the U.S. for good, and I was thinking of applying for citizenship next year (following the 5-year rule). However, I have a friend who is a paralegal, and he told me that my citizenship will likely be denied because of my absences during the first few years( 2017-2020 )

 

What do you guys think? Have I lost my chance to naturalize? And if I can’t naturalize next year, what do you suggest I do - to naturalize in the future, or thats never going to happen?

 

Thank you 

 

when did you get divorced or separated ? At N-400 they will revist your entire immigration history from the first day you arrived for the first time on US soil