Continuous Residence out for 4 yrs

I

igmat

New Member
Hi Everyone,

I have been a PR since 1991. During the first 4 years since I was granted the GC I did not reside in the US permanently. This was due to the fact that my parents thought I would be getting a better education in my natal country since it was possible for them to afford a private school in the US I would be attending the public education system.
During this time I did stayed in the US for brief periods of time (no longer than 1 month).

Since 1995 I moved to the US full time. Attended and finished college, never left the country for more than 2 weeks at a time, payed all my taxed dutifully, never been in trouble with the law and had held my last job for about 6 years.

I haven't applied for naturalization because I was told by several people that since I did not live here for my first 4 years as a PR I would get deported.

Is this true? and if it is why I was allowed to renue my GC once it expired 6 years ago?

Mostly I am wondering if anybody here is or has been in a similar situation.

I went to a couple of lawyers and one told me I would have no problem and the other that he was not sure and had to look into it (at my expense of course)

Any guidance would be greatly appreciated.
 
You are in a tricky situation indeed.

The most obvious downside of applying for natz is that quite possibly your GC would already be considered abandoned, but since USCIS doesn't know about it, they haven't taken any action against you. Bringing it to their attention may not be such a good idea. (Note: you have to declare ALL trips outside the country since becoming an LPR, so your long absence would be right out in the open in front of the IO.)

On a more positive note, its been quite a while since you did start living in the US, so a lenient IO might overlook the earlier problems. Additionally, the fact that your parents remained in the US while you were studying abroad, lends weight to the argument that your trip was temporary.

Unfortunately there is no way for any of us here to know in advance which way your case will go. I can only suggest consulting several immigration lawyers specializing in this type of problem. Even then, you could be gambling with some pretty large stakes.

Good luck.
 
Were you still a minor when you came back to stay. I can't imagine a minor, sent away to school while the parents remained in the US could be considered to have "abandoned" his residence. But, of course, I'm not a lawyer.
 
Thank you for you replys.

No, I was not a minor when I came here to stay. In fact I was just shy of 18 when I received my GC,

My mother is the only person who livend in the US. My father still lives in my natal country (he is not a citizen or PR).

One more question. I am getting married next year and my fiancee is a citizen. Would this change things?
 
igmat said:
One more question. I am getting married next year and my fiancee is a citizen. Would this change things?
Click to expand...

I think it would, because marrying a USC gets many transgressions forgiven. Not only would you have a definite path to get a new GC if your existing LPR was declared void, but it would also make it pointless for USCIS to even bother to attempt to deport you.
 
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