N400 question with extensive stay outside US

SusieQQQ said:
Oh, I’d missed this bit. I’d be interested to a link to a legal opinion that says this is ok. Every official statement you find says you are to present your valid, unexpired green card or other proof of residence on entry as a LPR. Presenting yourself as a tourist is presenting yourself as a non-resident.

Again, I’d be very interested in the outcome of the interview. Wouldn’t be the first time someone has gone in expecting to naturalize and come out with orders to appear before an immigration judge.
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As I said I've read conflicting information about this so not sure but what the other poster says makes sense.
If they believe that I entered purposefully on a visit visa (even though I didn't do it purposefully) then for sure they'll consider it abandonment.
 
fruityloops said:
As a matter of fact I had, his reply was it doesn't matter because you're in the country now.

My personal opinion was that this agent was not very well informed.
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Agreed the IO you saw at the infopass is probably not well informed if after you clearly explained how long you’ve been out of the US and that you returned as a tourist, and they told you it doesn’t matter.
 
SusieQQQ said:
This is OP’s other thread. http://www.visajourney.com/forums/topic/658118-n400-question-with-extensive-stay-outside-us/
Seems a lawyer has already told him he would be found to have abandoned residence due to past travels and is currently in US illegally but he chooses to believe the lawyer is wrong.

This document from an immigrant legal resource center indicates that this lawyer was in fact correct as they will look at entire history of travel as well. https://www.ilrc.org/sites/default/files/resources/nats_step-by-step_final._october_2014.pdf Bottom of p8/top of p9 talks about possibility of having abandoned residence over 5 years ago ie before time frame in which details are asked for in the form.

It certainly seems OP is filtering out what he wants to hear, perhaps without understanding that “I didn’t know” isn’t a defense, even if it’s true.
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Actually, I've met a number of lawyers who have all suggested that I don't apply and continue living as a green card holder.
I only mentioned that 1 lawyer because she specifically stated that I have lost my LPR whereas all the other lawyers say I haven't, which is something that also agrees with what I've read online.
You don't automatically lose your LPR just by staying out the country, it has to be still through an immigration judge.

That document you've linked is in direct conflict with what is mentioned in USCIS publications,where they clearly mention 5 years of travel history but then again lawyers also seem to think that it's the full history, I guess only one way of finding out.

I'm not trying to just believe something that I want to believe and came here looking for some clarification which the other poster has provided.

So as I said before I'll try re-entering again or I'll just go and apply and tell the IO the full story and then we'll see how it goes.

If it's meant to happen then it'll happen, if not then I have still a lot to be thankful about.

Thank you again for your honest responses.
 
fruityloops said:
I think this makes more sense.
Perhaps I should exit the country and then retry entering it again but this time make sure the IO sees my GC

As I've said before when crossing the border with Canada, it's normally very common for agents to just let you through without asking more than 2 or 3 questions.
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Hmmmn, I actually happen to be a Canadian citizen and have made a couple of trips back and forth. Regardless of them asking no more than 2 or 3 questions, you are responsible for presenting your GC with your passport. Plus I believe one of the questions often asked if a GC isn’t presented is the purpose of one’s visit.
 
Sm1smom said:
Hmmmn, I actually happen to be a Canadian citizen and have made a couple of trips back and forth. Regardless of them asking no more than 2 or 3 questions, you are responsible for presenting your GC with your passport. Plus I believe one of the questions often asked if a GC isn’t presented is the purpose of one’s visit.
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You'll have to trust me on this but the guy didn't even ask me anything, takes a look at my passport and says where you going I told him, he goes, go.
I was so taken aback that I just drove through maybe cause I was expecting a full interrogation for some reason.
 
Sm1smom said:
Hmmmn, I actually happen to be a Canadian citizen and have made a couple of trips back and forth. Regardless of them asking no more than 2 or 3 questions, you are responsible for presenting your GC with your passport. Plus I believe one of the questions often asked if a GC isn’t presented is the purpose of one’s visit.
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So anyway, it looks like I should just try re-entering and see how it goes or just apply for citizenship and hope for the best.
 
fruityloops said:
Actually, I've met a number of lawyers who have all suggested that I don't apply and continue living as a green card holder.
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I’m not surprised, this is a common recommendation to someone who would be found deportable once applying for naturalization.
 
fruityloops said:
You'll have to trust me on this but the guy didn't even ask me anything, takes a look at my passport and says where you going I told him, he goes, go.
I was so taken aback that I just drove through maybe cause I was expecting a full interrogation for some reason.
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When he asked you “where are you going”, was your answer “home”? That clearly is not a question they normally ask of a LPR, because they assume LPRs are returning home.... So to me that’s kind of obvious that according to his record you entered as a visitor.

Again, it’s your responsibility to present the green card.
 
SusieQQQ said:
When he asked you “where are you going”, was your answer “home”? That clearly is not a question they normally ask of a LPR. So to me that’s kind of obvious that according to his record you entered as a visitor.

Again, it’s your responsibility to present the green card.
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I actually did say going back to live with my parents but he didn't say anything.
I assumed they know I'm a LPR but now reading the other poster's posts it makes sense that how could they possibly know? But yes that was very naive or devious of me, believe what you will.
 
fruityloops said:
That document you've linked is in direct conflict with what is mentioned in USCIS publications,where they clearly mention 5 years of travel history but then again lawyers also seem to think that it's the full history, I guess only one way of finding out.
.
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I already posted you on the previous page a uscis document that asks for every absence 6 months or longer since you became an LPR. Did you miss that?
 
SusieQQQ said:
I already posted you on the previous page a uscis document that asks for every absence 6 months or longer since you became an LPR. Did you miss that?
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I did but all it says is if you have ever been out longer than 6 months then your continuous residency is broken and then you have to wait for 5 years again from the date it was broken before you can apply for N400 and make sure this time you continuously reside in the US.
It makes no mention of losing LPR, just your clock getting reset.
 
fruityloops said:
I actually did say going back to live with my parents but he didn't say anything.
I assumed they know I'm a LPR but now reading the other poster's posts it makes sense that how could they possibly know? But yes that was very naive or devious of me, believe what you will.
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Wow, can your story change any more? Now going back to live with parents who left so long ago you didn’t know you had a green card for so long, after years of living with your wife in Canada? What? When did the parents go back to the US?

Yup, definitely think the easiest way for you to find out your status is to leave and re-enter using your green card. However if the lawyer who suggested you had illegal status is correct, be aware that not only would you be denied entry but you’ll face a long ban for the amount of time you spent illegally living and working in the US.
 
fruityloops said:
I did but all it says is if you have ever been out longer than 6 months then your continuous residency is broken and then you have to wait for 5 years again from the date it was broken before you can apply for N400 and make sure this time you continuously reside in the US.
It makes no mention of losing LPR, just your clock getting reset.
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I think you didn’t read the actual section I quoted you. It says to document every absence longer than 6 months, and show proof of how you maintained ties to the US during these absences. This is separate from the continuous residence requirements - which is why it specifically mentions all absences since becoming an LPR.
 
SusieQQQ said:
Wow, can your story change any more? Now going back to live with parents who left so long ago you didn’t know you had a green card for so long, after years of living with your wife in Canada? What?
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Err how does my story change?
My parents came back to the US in 2010, round about this same time I found out I was a LPR myself.
They had came back as tourists to visit my sister but then my sister got them AOS to permanently resident again.
My sister is a US citizen.
 
fruityloops said:
No, I meant leaving the US and then coming back but this time I make sure I show my green card regardless of if they ask me for it or not.
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O.M.G.

For the hundredth time, it is YOUR RESPONSIBILITY to present the green card, not theirs to ask for it.

I’m done banging my head against a brick wall here.
 
fruityloops said:
Err how does my story change?
My parents came back to the US in 2010, round about this same time I found out I was a LPR myself.
They had came back as tourists to visit my sister but then my sister got them AOS to permanently resident again.
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Ding ding ding we have a winner.
2010, so this tallies with when you found out. So presumably you had all been out about the same amount of time? Now why would your parents have had to AOS to become LPRs again if they hadn’t been deemed to have abandoned it before? Why would you be different status from them as at the same date?
You can’t just say “I didn’t sign anything yet” and use that as an excuse to keep your GC when you’ve violated the conditions!! Doesn’t work like that! No one would ever give up a green card if it did!

I’d love to be a fly on the wall at your n400 interview. Good luck with it all.
 
SusieQQQ said:
O.M.G.

For the hundredth time, it is YOUR RESPONSIBILITY to present the green card, not theirs to ask for it.

I’m done banging my head against a brick wall here.
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lol yes that's what I meant. I should be the one showing it, they of course won't ask for it.
Please done bang your head against a wall, that's not good!
 
SusieQQQ said:
Ding ding ding we have a winner.
2010, so this tallies with when you found out. So presumably you had all been out about the same amount of time? Now why would your parents have had to AOS to become LPRs again if they hadn’t been deemed to have abandoned it before? Why would you be different status from them as at the same date?

I’d love to be a fly on the wall at your n400 interview. Good luck with it all.
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Thanks! And really I do appreciate your help.
 
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