S Folinsky

Fair question.

SB-1 visa application - Applicant is outside United States. Application submitted to consulate. If application is denied, that’s it. No appeal or review, neither administrative or judicial.

Seeking admission at POE - at all times applicant will be physically in US and absent criminal or national security issues, will be non-detained. If applicant files an I-193, it might even result in deferred inspection (never have seen one filed, but the form does exist) and possible admission as returning LPR. CBP may issue a “Notice To Appear” (aka NTA) and off to Executive Office of Immigration Review (aka EOIR) to see an Immigration Judge. IJ will either admit or order removal. BTW, the Government will be represented by an attorney who works for ICE. (I have no idea on how interagency budgeting works on that and I don’t really care. But I digress). If either side is unhappy with the IJ decision, an administrative appeal can be taken to the Board of Immigration Appeals. If BIA rules against the non-citizen, the judicial review can be taken to the Court of Appeals. (and notionally to the Supreme Court, but the last returning LPR case up there dates from 1982).

As I mentioned, the non-citizen is in the US.

i am not recommending any particular course of action.

gad33

So what is going to happen when the OP enters the country and is asked how long he has been out of the country? And he replies 8 years.

Noorah101

One of 2 things:
1. He is allowed to enter and carry on with life; or
2. He is allowed to enter with the understanding that he will have to go before an immigration judge to plead his case that he did not abandon his PR status.

Rene

Oussamessi10

There is third thing
Maybe he didn't ask me anything hhhhh if I am very lucky, everything is possible hhhh I jock Rene hhhh
I know one case, he remain in his country 9 years and when he arrive usa the officer in the airport didn't ask him anything, he enter usa normally without any problem

scrubbedexpat099

That sounds like 1)

S Folinsky

Yes, it has happened. But two points should be made —

First, a determination regarding abandonment as a result of a particular foreign sojourn can be made at a later time. Even if a successful return is made, there will be a landline waiting to explode. This has happened in later naturalization applications.

Second, international travelers leave behind an electronic trail of entries into and departures from the United States. This has been getting more sophisticated over the past decade. (BTW, the airlines provide an electronic manifest upon departure from the US).

civilservant

Well at least the option is there of not applying for USC. That's that landmine sidestepped at least.

Do we think that it would even come up if the OP waited say 10 years to submit an N400? They after all only ask about the last 5.

petitefrancaise

"hope for the best and plan for the worst" seems to be the ongoing theme here.....
OP can show up in the USA and hope he gets admitted without issue. But bring all necessary documents proving on-going ties to the USA during his (?) absence and proof of reason for extended stay out of the USA in case he has to go to an immigration judge.
Wait a while to apply for citizenship and hope all goes well.

If naturalization is refused due to extended absence - is green card still valid?

civilservant

If it's determined that the N-400 needs to be denied due to OP having previously possibly abandoned, it seems to me OP would be put into removal proceedings so that an IJ can make the final determination and order removal if required.

petitefrancaise

I think I'd prefer to get the IJ right after entry - having that sword of damacles hanging over me would completely stress me out and I'd rather get it over with and move on either in the USA or out of it.
Saying that...... if Trump isn't re-elected, will immigration be less intimidating? From personal experience, I think they've been told to be more "rigorous".

civilservant

Indeed.

The interesting question would be about the N-400, would it be denied or placed on hold? If the IJ determined that the OP had in fact not abandoned, then the N-400 should be reopened I'm guessing.

I don't know if it would work that way in practice, but I digress.

gad33

The reason for asking was because I wondered if he can be detained by CBP until he appears before a judge. Plus I'm not convinced that officers always act strictly legally.

scrubbedexpat099

He could be detained seems unusual but then this is unusual.

vespucci

[QUOTE}participate again in dvllotrey[/QUOTE]

Whatever happens in the election, it'll probably be discontinued once an immigration bill passes. If you're keen on living in America, you should come before your GC expires.