我2021年5月和先生同时申请入籍,6月因为在中国的父母需要照顾,我紧急回国,之后因疫情一直被滞留在国内,2022年9月才回到美国与先生和孩子团聚。9月去入籍面试被拒,因为离开美国超过一年。请问8老师,在这种情况下,
一)file N336申诉有意义吗,需要提供什么支持材料,或者您有什么其它建议吗?
-No. It is useless. Your N-400 denial was due to your stay in China for over one year continuously, which disrupted your residence continuity. Therefore, you can do nothing about it.
二)我的绿卡2023年2月过期,需要延期,是否会遇到同样的困境?在明年2月之前再度回中国是否会风险很大?
-No problem. Because the CBP officer at the port of entry approved your I-193 for waiver for your reentry permit to allow you enter US, your green card is still valid even if you stayed in China for over one year without reentry permit. Thus, it will not affect you to renew your green card or use it to travel again.
But If you want to re-apply for the US citizenship, you need to wait for 4 years and one day from the day you came back to US or 3 year since your spouse become a US citizen after you returned to US. Also, don't stay outside US for more than one year again, otherwise your residence continuity will be disrupted again.