Hello I have applied for an I-90 Green card renewal and my question is that can it be denied for not having lived in US as an LPR?
I travelled extensively to Canada back and forth and may have stayed out of the US for more than the allowed time but I have never had difficulties in re-entering the US.
Is it possible that entry/exit records will be more thoroughly scrutinized and based on this, I may be denied renewal? by the way, I do not have any criminal history in this country so I don't have that as an issue
It is possible that the USCIS find that you abandonded your permanent resident status and deny your I-90 application if you stayed abroad extensively. In case the USCIS deny your application of denial, you can appeal their decision and argue that you never abandoned the status by showing your intent to live in the US permanently.
Your family, professional ties, assets in the US, and real estate, maintenance of the US address, and so on can be used to prove your intent.
Since I do not know your entire story (i.e. the reason of freqent travel to Canada, whether or not you got a re-entry permit when you left the US....), I cannot give you any definite answer.
However, you never know if your application will actually be denied and even if it is, just remember that it is not the end of the world.
For now, I believe you should wait and see.
I have seen denials at this stage, but you would receive a Request for Evidence before receiving a denial.
Have you considered applying for commuter status? If you are traveling between the U.S. and Canada a lot, that can be a good alternative status that lets you maintain your LPR status. However, you cannot gain citizenship as a commuter alien and there are some other restrictions.
You should consult with an attorney, if you are interested in that option.
The renewal process is not really the time that this issue arises, although you should be mindful about not abandoning your lawful permanent residence by remaining outside of the United States for more than 6 months at a time, absent exigent circumstances.
When you attempt reentry into the country after being out for 6 months +, you could face additional scrutiny at the airport or your land port of entry, i.e. being sent to secondary inspection for remaining out too long.
You will also have issues at the time that you file for U.S. citizenship. Any and all trips over 24 hours long since becoming an LPR must be accounted for on that application, and the ones that are over 6 months long in the preceding 5 years could break your continues physical presence requurement.
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