n400 question with extensive stay outside US

[fruit_loops 0]

I would like to know if USCIS only takes a look at the last 5 years of travel history for naturalization or your entire travel history whilst being a LPR.

 

I've been a LPR for more than 20 years but most of the time was spent outside the US (5+ years at a time sometimes). I've been in the US now for 6 years or so, working, filing taxes etc.. I was wondering if the extended stays outside US would cause a problem even though now I've been in the US for more than the prerequisite time of 5 years and have maintained continuous residency and physical presence.

 

Everything I've read on USCIS's website and the different USCIS publications seem to point towards USCIS only caring about the last 5 years of residency and that you received your PR legally in the first place (which I did) but I often read here on the forums members saying that USCIS might consider the PR abandoned. Does this mean that USCIS will look at more than the past 5 years worth of travel?

Thanks!

Edited January 5, 2018 by fruit_loops

[Hypnos 6,576]

It's just the previous five years that you have to detail. 

 

It sounds as if you certainly jeopardised your status in the past, but you're OK now. 

[fruit_loops 0]

2 hours ago, Hypnos said:

It's just the previous five years that you have to detail. 

 

It sounds as if you certainly jeopardised your status in the past, but you're OK now. 

 

Thanks for your response!

 

I also happen to be a Canadian citizen and most of my crossings were done via land, in most cases, like for example the last time I entered the US, the CBP officer didnt even bother looking at anything. Just asked for my passport and immediately waved me through. 

I'm not sure or does it even matter if they saw or swiped my PR card or not? I've never had any issues at any of the times ive crossed the border. Been finger printed twice or thrice in all this time that I've been crossing the border but not sure if it means anything or not.

Edited January 5, 2018 by fruit_loops

[nightingalejules 678]

26 minutes ago, fruit_loops said:

 

Thanks for your response!

 

I also happen to be a Canadian citizen and most of my crossings were done via land, in most cases, like for example the last time I entered the US, the CBP officer didnt even bother looking at anything. Just asked for my passport and immediately waved me through. 

I'm not sure or does it even matter if they saw or swiped my PR card or not? I've never had any issues at any of the times ive crossed the border. Been finger printed twice or thrice in all this time that I've been crossing the border but not sure if it means anything or not.

Well, it looks like you got very lucky. Any of those long absences could have caused you to lose your LPR status. 

 

But at this point, yeah, they’are only concerned with the last 5 years, so you should be fine.

[fruit_loops 0]

11 hours ago, nightingalejules said:

Well, it looks like you got very lucky. Any of those long absences could have caused you to lose your LPR status. 

 

But at this point, yeah, they’are only concerned with the last 5 years, so you should be fine.

Ah thanks! 

I had very recently gone to a paid consultation with a lawyer and they told me that since once upon a time I had been out longer than 1 year, my LPR was automatically abandoned and that I shouldn't even be thinking of applying since allegedly I'm illegally residing in the States right now.

 

They said that as soon as I apply, USCIS will take a look at all my past history since the day I got my PR (1981) and they will put me in removal proceedings because of those past long absences.

 

This was completely contrary to what I had been reading online where USCIS only mentions the past 5 years and had upset me terribly. I've worked, paid taxes and done everything I can to establish myself here in the past 6 years.

 

So I just wanted to get some more opinions and experiences here on the forum if I should hire another more competent lawyer throughout the process or if I can just do the naturalization application myself.

 

Sounds like I should do it myself and be honest about my past with USCIS if it's brought up.

[Hypnos 6,576]

I would consult with one or two more experienced lawyers and then proceed from there. 

[fruit_loops 0]

On 1/5/2018 at 11:50 AM, Hypnos said:

I would consult with one or two more experienced lawyers and then proceed from there. 

Thanks for the suggestion!

 

I'll try finding some good lawyers, which is easier said than done, but at the same time I'm unsure what a lawyer will help me with.

I intend to answer everything truthfully on the N400 and to the IO taking my interview(if we get that far). 

Maybe this is a very naive approach but I don't know any better. I've always been very upfront and honest whenever I've dealt with CBP or USCIS and I don't want to hide or skew facts now.

 

What I was thinking and had done some research on was to see if I can send a FOIAA to USCIS and get my A file and any other information that they have on me and proceed from there.

Edited January 6, 2018 by fruit_loops

[Sm1smom 253]

I agree with the lawyer’s assessment, OP is deemed to have abandoned his permanent residency and is NOT legally residing in the US considering the fact that OP wasn’t re-admitted into the US as a LPR. OP was admitted as a tourist six years ago since he failed to present his GC at the POE to the admitting IO. OP possibly did not present his GC with his passport in order to conceal the fact he’s been out of the US for several years. That amounts to concealing pertinent information that could have been used to determine his admissibility into the US. 

[Sm1smom 253]

22 hours ago, fruit_loops said:

I intend to answer everything truthfully on the N400 and to the IO taking my interview(if we get that far). 

Maybe this is a very naive approach but I don't know any better. I've always been very upfront and honest whenever I've dealt with CBP or USCIS and I don't want to hide or skew facts now.

 

So im guessing you intend to answer “Yes” to these two questions on the N400?:

 

1. Have you EVER given any U.S. government official any information or documentation that was false, fraudulent, or misleading?

2. Have you EVER lied to any U.S. government officials to gain entry or admission into the United States or to gain immigration benefits while in the United States?

 

The fact that you only presented your Canadian passport which required no visa to be admitted into the US, and did not present your GC which could have revealed your long absence from the US constitutes giving a U.S. government official misleading information. 

 

The fact that you entered the US as a tourist but resumed life as a LPR constitutes lying to gain immigration benefits. 

[SusieQQQ 11,586]

On 1/4/2018 at 9:53 PM, fruit_loops said:

 

 

I also happen to be a Canadian citizen and most of my crossings were done via land, in most cases, like for example the last time I entered the US, the CBP officer didnt even bother looking at anything. Just asked for my passport and immediately waved me through. 

I'm not sure or does it even matter if they saw or swiped my PR card or not? I've never had any issues at any of the times ive crossed the border. Been finger printed twice or thrice in all this time that I've been crossing the border but not sure if it means anything or not.

Yes, it matters. You are required to show I551 or other acceptable document to gain entry as a LPR, unless you’re an infant in certain circumstances (which you weren’t) or you file a waiver with reasons why you can’t (which you didn’t).

relevant section of the legislation: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-15844/0-0-0-15852.html#0-0-0-12043

 

i believe sm1smom is correct, you were not admitted as an LPR in consequence of the above, and are therefore illegally working and residing in the US.

[Hypnos 6,576]

Good catch. 

[SusieQQQ 11,586]

34 minutes ago, Hypnos said:

Good catch. 

OP has another thread running on different forum, a fair bit more to the story than what’s here, no need to go into all of it  ....but it doesn’t look good from an LPR perspective.... also appears OP has entered the US a number of times just with Canadian passport, ie as a visitor, and not presenting green card, during this time of supposedly still being an LPR. OP firmly maintains residency is still valid  because he is still in possession of green card, hasn’t signed it away and hasn’t been ordered removed by IJ.

Edited January 8, 2018 by SusieQQQ

[Hypnos 6,576]

Ah, the old "tailor the story to get the answer I want" trick. It's sad that it's so prevalent here.

[SusieQQQ 11,586]

Just now, Hypnos said:

Ah, the old "tailor the story to get the answer I want" trick. It's sad that it's so prevalent here.

Indeed, as though a bunch of people on the internet giving you opinions  on an incomplete story is in any way going to change how uscis approaches the actual facts.