Please explain this phrase! A riddle for you.

M

my3worlds

Registered Users (C)
Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of the filing the application

Here is my time line.

August 2000. Arrived in the US as refugee with parents and siblings (this is our residence since status: 08/2000)
September 2005. Left the US.

Novembr 2010 Re-entered the US with a visit visa.

November 2011. Received my ORIGINAL 'residence since 08/2000' GC back as refugee status. But with new expiration date. Miracle.

June 2012. Left the US for vacation. Will return September 2012.

Million dollar question,

How long is my physical presence in the US?

And how long is my continuous presence in the US?

Not even USCIS knows the answer to this.
 
my3worlds said:
Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of the filing the application

Here is my time line.

August 2000. Arrived in the US as refugee with parents and siblings (this is our residence since status: 08/2000)
September 2005. Left the US.

Novembr 2010 Re-entered the US with a visit visa.

November 2011. Received my ORIGINAL 'residence since 08/2000' GC back as refugee status. But with new expiration date. Miracle.

June 2012. Left the US for vacation. Will return September 2012.

Million dollar question,

How long is my physical presence in the US?

And how long is my continuous presence in the US?

Not even USCIS knows the answer to this.
Click to expand...

You have provided insufficient information to get a meaningful response.

There may be certain obscure reasons and legal provisions at work in this case which make it OK.
-OR-
There may have been some fraud that has not been caught yet.
 
my3worlds said:
Huh? Big joe what are you talking about?

What do u need to know?
Click to expand...

Based on your posts in the other thread http://forums.immigration.com/showthread.php?548780-How-long-can-I-stay-out-of-the-US you filed I-90 in the U.S. in 2010 or 2011, after having been out of the U.S. for over 5 years and after having entered the U.S. in 2010 on a visitor visa.
You were clearly ineligible for I-90 filing, and its approval was either the result of some fraud and misrepresentation on your part, or of a USCIS mistake.

If I were you, I would not try to re-enter the U.S. using the LPR card that was issued to you in 2011, but instead either apply for an SB-1 visa abroad or file a new immigrant petition from abroad.
 
LOL. Wow. Ok. That was very funny. Well my attorney filed all the documents and he is the best at what he does in my state. So go ask him. I have nothing to do with it but telling my story.

Anyway, that was not my question if it was fraud or not. Clearly I did not make the deciision to receive my GC. USCIS made and if for whatever reason there was a mistake. Then that is the problem of USCIS. not mine.

Is anybody else willing to asnwer my question at all?
 
my3worlds said:
Anyway, that was not my question if it was fraud or not. Clearly I did not make the deciision to receive my GC. USCIS made and if for whatever reason there was a mistake. Then that is the problem of USCIS. not mine.
Click to expand...
LOL. Guess whose problem it will be, when USCIS discovers your story and rescinds your green card?

my3worlds said:
Is anybody else willing to asnwer my question at all?
Click to expand...
The answer to your question is very simple. Based on the information provided, you lost your GC status and ineligible for naturalization.
 
Huh? wow. Another one lol.

Did you read that I said I have my green card back although yes I was out for 5 years? I think this is very hard news to swallow for some of you. The embassy took it. And it was ruled that the embassy has no right of doing this. It is a border issue. That is how my attorney explained it to me. And embassy's do not have that power. Makes sense now? And another thing, when it was taken from me, I refused to sign the document of abandonment. Another bonus for my case. And ANOTHER mistake the embassy did, I was not told of any SB-1 Visa when I was asking of different ways to re-enter the country. I was NEVER told of an SB-1 Visa. I asked for this specific question. And was told my only option is to re-enter with a visit visa, IF i was granted one. And guess what. I was granted a visit visa without questions asked. You guys believe the USCIS is black and white. No, it doesn't always go by the book i guess.

I'm out of here. Bye.
 
Last edited by a moderator:
RE: Stop fighting with each other

You are supposed to help each other. BAIKAL3 says that it is forgery and MY3WORLDS responds with saying that is dumb. Well, I have to admit that this is going nowhere with the response of the question asked. So this is my response: if you guys dont stop this, I will close the thread for you. Please, stop fighting with each other. :confused:
 
INA 317 allows LPR missionaries and other "clergy" to travel abroad for extended periods and it does not mean that they lose LPR status.

INA 316(b) allows qualified LPRs to go abroad for extended periods for qualifying employment purposes and not lose LPR status.

Military members often go broad for extended periods without losing LPR status.

All of the above and a few other obscure provisions afford protection of LPR status and aspects of naturalization eligibility. Most protections extended to the dependent household members.

As I stated up front, too little detail has been provided to get to the bottom of this situation.

Unless some provision in the law was invoked, a 5-year absence not only kills naturalization eligibility, it also makes you lose LPR status altogether.

You indicated getting LPR status and returning after a 5 year break BUT did it on a tourist visa.

Later, you obtained a new greencard. What was the basis for the latest greencard? Was there a hearing in Immigration Court or in a District Court or was it obtained via form I-90?
 
BigJoe5 said:
INA 317 allows LPR missionaries and other "clergy" to travel abroad for extended periods and it does not mean that they lose LPR status.

INA 316(b) allows qualified LPRs to go abroad for extended periods for qualifying employment purposes and not lose LPR status.

Military members often go broad for extended periods without losing LPR status.

All of the above and a few other obscure provisions afford protection of LPR status and aspects of naturalization eligibility. Most protections extended to the dependent household members.

As I stated up front, too little detail has been provided to get to the bottom of this situation.

Unless some provision in the law was invoked, a 5-year absence not only kills naturalization eligibility, it also makes you lose LPR status altogether.

You indicated getting LPR status and returning after a 5 year break BUT did it on a tourist visa.

Later, you obtained a new greencard. What was the basis for the latest greencard? Was there a hearing in Immigration Court or in a District Court or was it obtained via form I-90?
Click to expand...


In the other thread he said that he got a new LPR card by filing I-90:
http://forums.immigration.com/showthread.php?548780-How-long-can-I-stay-out-of-the-US

my3worlds said:
It was a visit visa that I entered with. And The residence since status is August 2000. Which is the date we came to the US originally. I have asked so many lawyers, they all say something else. Some say it starts from when u entered, others say from when u got your green card back. I did NOT have to do medical again. NOOOOO. I did have to do fingerprints. That's it. I applied for i-90. Lost or stolen green card. In that application, my attorney and I explained in detail what happened. The honest truth. Of why I was out 5 years to begin with, and why I returned with a visit visa. So now the hell what???
Click to expand...

Based on the fact that a U.S. embassy or consulate abroad appears to have taken away his first GC and pressed him to sign some statement regarding abandoning the original LPR status, it seems unlikely that the 5 years he spent abroad were as a member of the U.S. military or a member of the clergy. However, his posts in the other thread do not say what he was doing abroad from 2005 to 2010. He just says there "I originally got my green card in 2000 as a refugee status. Left the US in 2005 and re entered again in 2010. I was out 5 years and returned witha visit visa, and received my GC back after almost a year in the States.(November 2011)."
 
It would shed some light on the truth if he would explain what transpired, step-by-step, from the time of departure in 2005. However, I don't think that he ever will provide a sufficiently detailed explanation.

Also, he stated at one point that he was dealing through the "best immigration lawyer in his state" (which is what far too many immigration lawyers claim to be, present forum host excepted--Rajiv does not boast and make wild claims).

That said, why is OP even asking about natz eligibility to the non-lawyer posters in a forum when he already has the "best lawyer in his state"? Makes you wonder, doesn't it?
 
my3worlds said:
August 2000. Arrived in the US as refugee with parents and siblings (this is our residence since status: 08/2000)
September 2005. Left the US.

Novembr 2010 Re-entered the US with a visit visa.

November 2011. Received my ORIGINAL 'residence since 08/2000' GC back as refugee status. But with new expiration date. Miracle.

June 2012. Left the US for vacation. Will return September 2012.

Million dollar question,

How long is my physical presence in the US?
Click to expand...

You returned in November 2010, and left in June 2012, so that is about 19 months of physical presence. You need 30 months if you're applying with the regular 5-year rule. And since you were outside the US for more than a year, you have to wait 4 years and 1 day after the end of your last long trip in order to be eligible to apply, which you obviously have not done. Even if you're applying based on 3 years of marriage to a US citizen, you need to wait 2 years and 1 day which you have not done. You will be denied based on that alone, and your green card will probably be revoked if USCIS reviews your history thoroughly enough to discover that they renewed your green card by mistake. If your lawyer took your money and submitted the application, that lawyer is the best con artist in the state.

And was told my only option is to re-enter with a visit visa, IF i was granted one. And guess what. I was granted a visit visa without questions asked.
Click to expand...
There's nothing wrong with granting a visitor visa to someone who has abandoned their permanent residence. Being granted the visa and using it doesn't mean you resume permanent resident status after entering the US with it. In fact, that can be used against you as evidence that you abandoned your status.
 
First of all, the OP does not deserve any help until he changes his attitude. I had had a dubious pleasure to read his original rude postings, before he got warned.
Secondly, he left the board ...
Thirdly (from a purely academical interest), I just want to re-iterate my point, that he lost his PR and ineligeble for Naturalization, based on the information provided. Obviously, he hid some information. I can hardly believe, that a U.S. consulate issued a visitor visa withous a very good reason, when they clearly saw his previous PR status. Again, if his lawyer truthfully explained his 5 year absense on I-90 and yet got GC re-issued... Obviously, there are some facts behind the scenes, which need to be revealed. I can easily come up with a crazy theory, that OP was a political prisoner in one of the black-listed countries for five years, and that's why he was admitted back. But, it's just a crazy theory. From a personal perspective, I am not interested in discussing this case due to 1) and 2).
 
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