Hey everyone. Need your advice again. I posted earlier about my issue in another topic, but as this is related to physical presence on N-400 specifically, I thought it best to start this question fresh.
I got my LPR on the 29th of May 2015.
My N-400 application was accepted on the 15th March, 2020 (filed early under the 90 day rule).
On the 18th of March, 2020 -- I left on an international trip and soon found myself stranded outside of the US due to the pandemic international travel bans, and because I was advised by my heart doctor not to fly due to Morbidity risks with Covid (due to scarring). And the complications kept coming (as you'd see in another post).
My work has me moving between two countries frequently (I'm in the film industry). I've had an apartment in LA since 2016, and have always filed my taxes, etc. The US is my home. But often the work requires periods of travel (shooting, pre, all of this fun).
My trips outside the US between 05/29/2015 and 05/29/2020 are as follows :
As you'd see... when I submitted my N-400, I was within the threshold for proving physical presence. Continuous residence, I have hoped, is not an issue as I've always had US employment during the whole five years.
But then Covid changed everything post N-400 application.
I've finally gotten a second interview date (I had to reschedule the first because I couldn't secure a flight to US in time -- a problem that's still going). that's for March 8th.
Although my doctor says it's an unacceptable risk to fly, my immigration lawyer disagrees. Not the least as I'm approaching twelve months stuck out of the country and I might be looking at an immediate loss of my GC.
The situation, for me, is dire. Even when you take the Covid risks out of the equation, cheapest flight available to me will cost $20K.
I'm looking at the maths of it all... and unless I'm missing something... appears I've completely blown the 913 day requirement... all by half a month. Even if I can prove continuous residence (which my lawyer is positive about) -- I don't see any stories on here about the physical presence requirements getting special consideration due to the Pandemic.
And since I'm so far past the 25/05/2020 mark now... my guess is all I'll hear in my interview is an automatic denial and be told I need to start the naturalization journey all over again for a new five year uninterrupted period.
All things considered, I feel defeated and stressed and lost over it all. My thoughts right now are to withdraw my N-400 and just let my Green Card lapse over into a twelve month absence, and apply to reactivate it when there aren't one in eight people with Covid-19 in my neighbourhood.
I see the issue from all sides. Rules and rules. And I get it
Just hoping for some advice... or even just to hear I'm right and to withdraw.
The last lawyer I spoke to charged me $650 for a thirty minute consult. And as my experience with visas and GCs and all things immigration has taught me over the last ten year journey (I used to be on 01s)... it's that lawyers just say anything to get paid. But they can't change my time away from the US from 929 days to 913 days no matter how good they are.