Brooklyn, NY asked in Immigration Law for New York

Q: Did I lose my LPR physical presence & residency of 5 and 7 when deported and paroled in?

I was deported in 2002 for moral turpitude, not an aggravated felony after getting LPR in 1989. I was paroled back into the United States in 2023 after 21 years when the BIA reopened the case. I had a Social Security number (SSN) with my first green card 1989. I received an approved replacement green card after return; eight months later I received a new SSN. But why? Will my old residency count towards naturalization now?

I want to apply for naturalization, but I don't have any reported filed taxes. My transcript from the IRS shows no taxes filed from 1989. The old SSN was return to SSA. My old SSN had low earnings over the years. what can be done to get citizenship? Thanks

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: To apply for naturalization, you need to prove continuous residence in the U.S. for five years as a lawful permanent resident (LPR). Since you were deported in 2002 and only recently paroled back into the U.S., the time you spent outside the country likely interrupted your continuous residence, meaning the years before your deportation may not count towards the five-year requirement. The fact that you received a new Social Security Number (SSN) after returning could indicate that your previous status and records were reset in some way, which complicates the situation.

The lack of tax records from 1989 might pose an additional challenge, as consistent tax filings are one way to demonstrate continuous residence and attachment to the U.S. However, you may still be eligible for naturalization after reestablishing the required period of continuous residence since your return in 2023.

It might be necessary to wait until you’ve accrued the required five years of continuous residence post-return. In the meantime, keeping up with tax obligations and maintaining strong ties to the U.S. will support your case for naturalization in the future.

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