Doubts on the Influence of Unique Prior Immigration History over Naturalization

[vanhiscers87 46]

I'm trying my best to be brief.

I filed my N-400 earlier this month. I'm overall quite confident about my case; even my attorney who helped me through Adjustment of Status has been letting me handle Removal of Condition and Application for Naturalization alone (he'd answer any questions of mine for free).

There's only one thing I worry about, but I have to start by telling you guys my immigration history.

I'm a gay man, and I came to the U.S. as a student in 2008. Before I graduated in late 2011, I'd been back to China twice. It was around my graduation, I met my now American husband. I then of course started my OPT first, but when my OPT was about to be over in early 2013, gay marriage was legal in neither California nor in the whole U.S. As a result, I found my attorney, and filed for asylum based on the fact that I'm a gay man, and Chinese society's too conservative: I'd either have live a closeted life or be out and face pressure and discrimination from family and society.

Many people would think that's a weak asylum case, because I did not face physical or political threat, and it barely has anything to do with Chinese government. To our surprises, I was notified of the approval in early June 2013, roughly a month away from my 26th birthday. Then later in June, Section III of DoMA and California's Prop 8 were struck down by the Supreme Court. We got married, and filed for Adjustment of Status with the same attorney, bypassing the one-year wait for being an asylee.

I got my Green Card in November 2013. Meanwhile, my father was diagnosed with lung cancer in late 2012, he eventually passed away without seeing me for a last time on April 1, 2013--I was still waiting for my asylum result at the time. I was finally able to visit China with my marriage Green Card in mid March 2014 for 14 days, coinciding my father's 1st death anniversary (lunar calendar); and again in late April this year for 12 days to scatter his ashes in the ocean after the 3rd lunar-year anniversary per my mother's superstitious request.

I happened to have forgotten to register with Selective Service after my asylum approval during my month-long window. I tried online right after reading the asylum approval, but their website couldn't recognize my SSN, so it told me to do it by mail, and I forgot about it. By the time I remembered, I was already 26. It's not a big deal, my failure to register was outside my statutory period; I had the Information Status Letter, but because I still have to explain my failure to register, I have to disclose that I applied and was granted asylum once.

Therefore, I kinda worry that the fact that I applied for asylum and then went back to China twice might cause me some trouble for Naturalization, because technically the adjudicating office can say that I wasn't being honest about asylum. I've expressed this concern to my attorney a few times over the few years, he didn't think it was a big deal, because my asylum case was based on my fear of having to forever live in China without the access to an open-minded gay-friendly western society, and not that I was afraid of being killed or persecuted by Chinese government just for being there; the things I fear won't come to me as long as I can go back to the U.S. He actually doubted that the officer would bother especially since I didn't go back to China as an asylee. He told me besides mentioning that I was once an asylee to explain failure to register with Selective Service, I shouldn't include any old asylum paperwork until asked for.

Nevertheless, since my situation IS kinda unique; I doubt anyone has ever encountered such situation before, so I'm wondering what you guys think.

Edited August 26, 2016 by vanhiscers87

[Boiler 47,495]

Lawyer never mentioned the good moral charachter requirement?

[vanhiscers87 46]

He did, but we only talked about it for the failure to register with Selective Service: it was outside my statutory period, nothing more I can do than getting the Information Status Letter and explain...

Lawyer never mentioned the good moral charachter requirement?

[Boiler 47,495]

Surprised he did not mention waiting 5 years.

[vanhiscers87 46]

Well, my concern isn't about the failure to register with Selective Service.

I'm applying for naturalization based on the 3-year marriage rule, my statutory period starts 3 years before the filing date; I was already 26 at the time. My failure to register was outside of my statutory period.

Surprised he did not mention waiting 5 years.

Edited August 26, 2016 by vanhiscers87