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PeterNy

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  1. The experts could be wrong because they only consider the 5 year requirement. Unfortunately there is also the question of abandonment of LPR status. "Essentially, a lawful permanent resident is someone who has the right to reside permanently in the United States so long as her status does not change. A lawful permanent resident who makes a temporary visit abroad is permitted to enter the United States as a “special immigrant.” If the lawful permanent resident’s trip abroad was more than a “temporary absence,” USCIS, CBP, or ICE can find that she abandoned her residence. If USCIS, CBP, or ICE makes such a finding, then she can no longer be admitted to the United States as a “special immigrant,” which means that her status has changed. This status change means that she was no longer lawfully admitted for permanent residence under INA § 101(a)(20). Therefore, when she re-entered the United States, she actually did so without a valid visa and was therefore inadmissible under INA § 212(a)(7)(A)(i)(I). Because this individual was inadmissible at the time of entry, she would be removable under INA § 237(a)(1)(A).59"
  2. 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."
  3. I am in a similar situation and wondering how it worked out for you.
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