Immigration Issues/N-400 Denial

Advertisement


Question
What is a reentry permit and when will she need it to enter the US? as this time she comes in with just her "green card". In addition, she has a temp green card because her dad was married less than two years when he filed the I-130. Going back to the qualigication part, what I meant is she comes 2-3 times a year so that she's never outside the US for more than six months. According to the requirements she needs to be a permanent resident for five years, with a physical presence of 30 months, 3 of those months having resided in one of the states. If she stays out for more than 6 months, she breaks the period she's supposed to stay here in the US. I'm not too familiar with the process because I just know the procedure from the limited information supplied by USCIS and when I applied for my citizenship, I had been in the US all the time so I didn't have this problem. Just to mention, this person is a cousin of mine. I just thought that immigration will obviously see the pattern and notice that she stays outside the US more than within the borders and only comes to maintain that time required for citizenship. I suppose they will subsequently deny the case. But just to clarify again, she comes every 4 months or so, so she is technically here at least once within each 6 month period. And after a few years she will eventually have been here for 30 months (spending 4 months in a year in the US, it would take 7.5 years to accumulate 30 months).
-------------------------

Followup To

Question -
"I want to ask about a possibility of a N-400 denial (application to become a naturalized citizen). This is regarding a person who was the beneficiary of an I-130 filed on behalf of her father by his US Citizen spouse. Since this person was underage, she qualified to adjust her status. However, now that she is a permanent resident, she only comes to the US two or three times a year, in order to maintain her PR status and not be outside the US longer than six months. Since she's only here for about three months in a calendar year, it will take quite some years before she accumulates the 30 months of physical presence that are required in order to apply (bascially she resides in a foreign country for most of the time, comes to the US about twice a year for a total of maybe 3 months). Could immigration see that this person is not committed to the United States based on this and deny the N-400 application?"

Answer -
She will not qualify for Naturalization.  In addition, she is required to have a reentry permit, in addition to her permanent residency card.

Answer
Apparently the inspectors are not doing a thorough inspection of her when she reenters the US.  She needs to file form I-131.  If she has not applied for removal of conditional residence (2 year card), and it is beyond 31 months since she received it, her status will be revoked.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


David

Expertise

Immigration Law enforcement Border Patrol

Experience

30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

©2016 About.com. All rights reserved.