Can I get deported after N 400?

[Brorick 0]

On April 2018, I got my green card (my dad is a citizen, became one after I turned 18)

 

This May (2023), I submitted a N-400 form. However, during 2018 and 2019, I left the US for 180 days, came back for month and left for another 181 days (I know it's bad).

I was never questioned about it, at re-entry or otherwise.

 

After my interview, I got a RFE, to prove that during my absence, I kept ties to the US.Knowing that I can't provide a truthful answer to that, I filed for withdrawal, through the USCIS website. I haven't got a response yet.

 

I talked to an immigration lawyer, who agreed that withdrawing is the right thing, but she also mentioned that in cases like mine, they could sometimes reject the request for withdrawal, and start an investigation on my green card (not verbatim, but I remember something along these lines).

 

My question is, what's the chance something like that could happen to me? Could it lead to deportation? If I didn't have evidence for the RFE, I wouldn't have evidence for whatever else they'll throw at me

 

i don’t know how much it matters but for the last 4 years, I was living in the US continuously (apart from visiting family abroad for ~1 month every year). I have stable job, my own house, friends and a family member (my dad) 

 

Thanks

Edited November 22, 2023 by Brorick

[SteveInBostonI130 3,328]

Deportation would be very rare.  

 

You have not stayed away for more than a year, even when combining both trips.  You probably don't qualify to apply for citizenship just yet.  I just see the N400 being denied and you'll need to re-apply in 2024 or 2025, whenever that fist 180 day trip is more than 5 yrs ago.

 

Did you file US taxes in 2018 and 2019?

[Brorick 0]

6 hours ago, SteveInBostonI130 said:

Deportation would be very rare.  

 

You have not stayed away for more than a year, even when combining both trips.  You probably don't qualify to apply for citizenship just yet.  I just see the N400 being denied and you'll need to re-apply in 2024 or 2025, whenever that fist 180 day trip is more than 5 yrs ago.

 

Did you file US taxes in 2018 and 2019?

thank you. That’s a bit reassuring I hope nothing happens 

 

I did file 1040 through a CPA

i didn’t file for W2 because I wasn’t working for an American company at the time

[SteveInBostonI130 3,328]

2 minutes ago, Brorick said:

thank you. That’s a bit reassuring I hope nothing happens 

 

I did file 1040 through a CPA

i didn’t file for W2 because I wasn’t working for an American company at the time

 

Good.

 

Filing US taxes is one proof that you intended to remain a US permanent resident.  It would help you counter the claim/accusation of abandonment.

[discoverusa 233]

Your lawyer is trying to scare you unnecessarily. Don't worry about it and reapply when you have continuous residence. 

[Brorick 0]

23 minutes ago, discoverusa said:

Your lawyer is trying to scare you unnecessarily. Don't worry about it and reapply when you have continuous residence. 

Thank you 

I also checked independently and saw that there’s a precedent to deportation after N400 denial

but I don’t know how often it happens. After all, I didn’t try to commit fraud and my criminal record is clean 

[OldUser 4,984]

Why did you apply for N-400? You should have had clear 5 years since re-entry in 2019. E.g applied in 2024 after anniversary of coming back in 2019. That would have removed a lot of questions.

 

I don't anticipate you losing LPR status easily.

 

Other than filing taxes, did you maintain any other ties to the US? Did you have bank accounts / credit cards from the US that you had or used while being away? Did you have a car, active lease in the US while you were away? Those also may help. If you had your own house back then, it's a big US tie too and you shouldn't worry in my opinion.

 

Edited November 22, 2023 by OldUser

[Brorick 0]

5 minutes ago, OldUser said:

Why did you apply for N-400? You should have had clear 5 years since re-entry in 2019. E.g applied in 2024 after anniversary of coming back in 2019. That would have removed a lot of questions.

 

I don't anticipate you losing LPR status easily.

 

Other than filing taxes, did you maintain any other ties to the US? Did you have bank accounts / credit cards from the US that you had or used while being away? Did you have a car, active lease in the US while you were away? Those also may help.

 

it was a mistake to apply 
 

I didn’t. Until end of 2019, whenever I was staying in the Us, it was in my dads place and was also using his car. 
Didn’t have credit cards/permanent bank account either 

Edited November 22, 2023 by Brorick