Q: How to account for 5 and 7 years for naturalization after being paroled back after 21 years and retain green card?
I was removed from the United States from 2002 to 2023—a total of 21 years. I was paroled into the United States & My green card was reinstated when I applied for it and received it eight months later. From what I can gather, it appears that the government, possibly urged by the immigration judge, exercised discretion to terminate proceedings related to moral turpitude, perhaps because I am not a priority. If that’s not the case, or if that option isn’t available, I am eligible for other waivers, including 212(c) and 237(h).
What is the normal course of action for a lawful permanent resident going to immigration court to resolve additional charges of being inadmissible at the time of admission in the 1980s? Prior to my removal, I had been in the country for about 10 years, from 1989 to 2002. Now that my resident status has been restored and the final order has been rescinded, how are the years counted towards the 5 and 7-year residency requirements for naturalization?
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A:
When you’ve had your lawful permanent resident status restored after a long period of removal, the time spent outside the U.S. typically doesn’t count towards the residency requirements for naturalization. The 5-year and 7-year residency requirements for naturalization refer to continuous residence in the U.S. after you’ve been granted or reinstated as a green card holder.
Given that your green card was reinstated in 2023 after being paroled back into the U.S., the time you spent in the U.S. from 2023 forward will count toward these requirements. So, you’ll need to establish continuous residence from the date your green card was reinstated to meet the eligibility criteria for naturalization.
For naturalization, you’ll need to show that you’ve been a lawful permanent resident for at least 5 years (if applying under the 5-year rule) or 7 years (if applying under the 7-year rule) and have maintained continuous residence. Since you were outside the U.S. for 21 years, those years don’t count, so you would need to start accumulating residency from when you were reinstated in 2023.
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