Citizenship - I have maintained my status but been out of US for a couple of years...

Citizenship - I was laid off 1 month after GC, then took 2 yr re-entry permit...

Here's my situation:

Filed immigration EB3 in US in 1995, then returned to India. Labor certification (1997).

Interview at US consulate (2000) in middle east, where my husband was working in a private company.

Immigrated to US (I485) on Jul 2001. Joined company that sponsored me, but got laid-off after one month.

Left US in Aug 2001 and returned to US in Dec 2001 to get 2-year re-entry permit and then left US in Jan 2002.

Permanently returned to US in Mar 04 (after 2 years 3 months, before expiration of re-entry permit)

My husband continued to travel 2 - 3 time / year to US from July 2001 till Dec 2006 to maintain LPR, and then he moved here permanently.

In 2005 - 2006, the company that sponsored me hired me twice on 2 months assignments and issued W-2.

From 2001 onwards, jointly filed tax returns with my husband as US residents declaring all our global income.

My question is, if I apply for N400, will my application be denied because I worked only for one month for my employer after GC (because he fired me), and then left USA for 2 years?

If my N-400 application is denied, will there be removal proceedings initiated against me?

Please advise, if I need attorney to accompany me to the interview.

Your help would be greatly appreciated.
 
The long absence is outside of hte statutory period so it will not be an issue. The 1 month work period on GC will not be an issue either (you were laid off). Your case seem clear cut, no attorney would be necessary.
 
sh1996 said:
You had one absence of under 6 months...there's no statutory reason why that would ever be a problem. The issues are absences of between 6 months and 1 year or several back-to-back absences of under 6 months that an interviewer could interpret as one long trip/abandonment. OP is in the latter category.

OP's chances entirely depends on the interviewer. It sounds, however, like he has very little evidence that he maintained continuous residency. If you're a GC holder, you're required to pay US taxes regardless of where you live. It's not proof of US residency, but failure to pay can be taken as evidence of abandonment. Other things they'll look at: whether you're working aboard (very bad fact) and whether your immediate family is still in the US (good fact).
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If you work for a foreign government or even the military during that 6 months, that itself icould be grounds for denial. And yes people have been denied under 6 months. 6 months is not a hard core deadline time, it is a generalality.

Under 6 months if the IO proves you have broken the rules to the Green Card then they can deny you. After 6 months its up to you to prove to the IO that you did not break the rules of the Green Card.

So yes, depending on what you are doing outside the US, could very well put you at risk even if it's for a month or two...
 
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