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Filed: EB-2 Visa Country: Scotland
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Hi: I've been a GC holder since 2016, but I worked abroad for two stints (each time under a re-entry permit). I returned to the country a little over 4 years and 6 months ago, so I fall under the example given in section C.2 in the continuous residence chapter of the USCIS policy manual. Today, I comfortably meet the physical and continuous presence tests. I have no charges or convictions in any country, no debts, I've always filed my taxes as resident, etc, etc.

 

I intend to file soon. My GC expires in June, I will hit my 5 years in August, I'll have five years at my current address in September. But my case is fairly simple, I think, apart from my re-entry permit history and how to present those details. I'd like to get the process going and get the two year GC extension letter ASAP.

 

I have a few questions/details that I'm trying to untangle.

 

Address history question: Seems like a silly question but I assume I will list my foreign address and the start date of the lease, which commenced before my statutory period, because that's where I was living. Has that ever been a problem for anybody?

 

Second address history question: While I was out of the country, I did not hold onto a rental in the US. I changed my address via AR-11 to a friend's address, where I could pick up mail and occasionally stay. When I returned, I spent 6 weeks across 3 airbnbs while I found an apartment. (I am still in that apartment today.) That means I have 6 weeks between my foreign rental and my new US rental. Should I leave a gap and explain later in the N400 form? Should I list the airbnbs (and explain later in the N400)? Should I list the AR-11 address? Obviously I did not update the AR-11 until I actually had new place.

 

Travel question: I travel about 8-10 weeks of the year, often back home (my parents are aging), but also 1-2 times a year on a work trip to Europe. I never stay more than 2-3 weeks at a time, and when I'm home I stay in family accommodation. Often I have a return ticket with the origin in my home country, leaving a danging return for some time in the future. Since I spend 80% of my time in the US, I assume this travel pattern is not problematic?

 

Second travel question: obviously they know my border crossings and I've requested a list of my border crossings from CBP also. Should I collate this history, flight receipts, etc? Or is this only useful for people who get very close to the physical/continuous red lines?

 

Statutory period question: I expect the most recent re-entry permit is the only one relevant to my situation, since it partially covers my statutory period. But will they reach back deeper into my history? I received my GC in 2016 and then took a job abroad 5 months later; it's genuinely an accident of history, for a one-of-a-kind organization. I just wonder if somebody might question this, whether they're entitled to question it, and how to rebut.

 

I may have more questions as I dig into this process. Appreciate any pointers and experiences folks may share!

 
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