I would appreciate some advice of my current situation. My green card is about to expire on 10/2019 and I needed help in determining whether I should apply for naturalization or renew my green card. I have had my green card since 10/2008 but I went to college abroad from 07/2009 - 09/2015. All of my trips outside of the US have been between 6 months-12 months and never more than 12 months. When I came back to the US in 09/2015 I haven't taken any trips outside for more than a couple weeks at a time.
A couple of questions:
1) I had spoken to a immigration attorney in 1/2016 regarding the time to apply for naturalization. She advised that I should count 5 years from 09/2015 and basically apply for naturalization in 09/2020. She said that since my trips outside had been for more than 6 months the USCIS can make a "rebuttable" presumption that I have abandoned my green card status and that I would have to show evidence of ties in the U.S. (my parents were here then, I basically only went to school outside of the US and was not employed there etc.). She also said that this is a lengthy battle to keep my green card and I shouldnt risk USCIS looking into the matter. Since I have been in the US continuously since the last 30 months, can I apply to N-400 for naturalization and take this risk now? The problem is my green card will expire in 10/2019, way before 09/2020.
2) The other option is to just renew my green card through filling form I-90. Would my travel history be an issue for renewing my green card? I dont want to be denied renewal for green card and I heard USCIS is lenient for travel history related to green card renewals. I have no other issues (arrest, taxes, etc.) How often do green card renewals get denied due to travel outside of the US between 6 months to 12 months at a time?
Timing of Eligibility for Naturalization
in US Citizenship General Discussion
Posted
Hello everyone,
I would appreciate some advice of my current situation. My green card is about to expire on 10/2019 and I needed help in determining whether I should apply for naturalization or renew my green card. I have had my green card since 10/2008 but I went to college abroad from 07/2009 - 09/2015. All of my trips outside of the US have been between 6 months-12 months and never more than 12 months. When I came back to the US in 09/2015 I haven't taken any trips outside for more than a couple weeks at a time.
A couple of questions:
1) I had spoken to a immigration attorney in 1/2016 regarding the time to apply for naturalization. She advised that I should count 5 years from 09/2015 and basically apply for naturalization in 09/2020. She said that since my trips outside had been for more than 6 months the USCIS can make a "rebuttable" presumption that I have abandoned my green card status and that I would have to show evidence of ties in the U.S. (my parents were here then, I basically only went to school outside of the US and was not employed there etc.). She also said that this is a lengthy battle to keep my green card and I shouldnt risk USCIS looking into the matter. Since I have been in the US continuously since the last 30 months, can I apply to N-400 for naturalization and take this risk now? The problem is my green card will expire in 10/2019, way before 09/2020.
2) The other option is to just renew my green card through filling form I-90. Would my travel history be an issue for renewing my green card? I dont want to be denied renewal for green card and I heard USCIS is lenient for travel history related to green card renewals. I have no other issues (arrest, taxes, etc.) How often do green card renewals get denied due to travel outside of the US between 6 months to 12 months at a time?
I would appreciate advise in the matter.
Thank You.