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trip more than 6 month - my situation

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  • trip more than 6 month - my situation

    Entered US October 2013 married my wife and applied for GC.

    Aug 2014 I traveled abroad before my GC was approved. ( emergency )
    Dec 2014 GC approved when i was still abroad.
    March 2015 My wife mailed the card to me and i entered US using the green card.

    Since i stayed abroad 7 month from Aug 2014 to March 2015 is there any problem if i apply for naturalization now? since my gc is marriage based and its been more than 4 years resident ..should there be any problem with my situation?



    Last edited by devquestions; 05-23-2019, 05:39 PM.

  • #2
    Your initial writeup says Dec 2015 was approval. Was that supposed to be 2014? When was your interview? Did you have advance parole? If not your application was deemed abandoned when you left before approval and you could be in a royal mess. If you had advance parole then you’re fine although you were out for 7 months, you can easily prove you never broke your residency.

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    • #3
      Originally posted by Paulthesheik View Post
      Your initial writeup says Dec 2015 was approval. Was that supposed to be 2014? When was your interview? Did you have advance parole? If not your application was deemed abandoned when you left before approval and you could be in a royal mess. If you had advance parole then you’re fine although you were out for 7 months, you can easily prove you never broke your residency.
      Thanks, yes it was 2014 not 2015 i corrected it.
      On march 2014 i received the waiver interview letter ( so no need for interview )
      No advanced parole we didn't know such a thing even exist. I had just my indian passport.
      My wife while still in the U.S received the GC in the mail on Dec 2015 and shipped the card to me abroad.
      Even in 2017 when i applied to remove the conditions of my GC ( now my GC expires in 10 years ) they did not ask for interview.
      Last edited by devquestions; 05-17-2019, 02:49 PM.

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      • #4
        Unfortunately I have bad news for you. You did inadvertently abandon your petition. If a conscientious immigration officer notices it during your naturalization interview, your permanent residency can/will be revoked. Leaving the USA while any immigration petition is pending without obtaining advance parole means you abandoned your petition.You can try your luck now and apply for naturalization hoping it will not be detected however the risk is too great. If it is detected your permanent residence will be voided and you will be put in removal proceedings. Of course your wife can then apply for you all over again but you don't want to go down that road.

        What you should do is not apply for citizenship for at least five years after the date you returned from the trip (not before March 2020). This is because on the citizenship forms they only ask you to list your travels within the past five years. That way it will never come up and you should be fine.

        https://www.uscis.govhttps://www.imm...ergency-travel

        Caution

        Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a Green Card). In general, if you are seeking immigrant status (a Green Card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application.

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