Overstayed Immigrant for Naturalization

[xyrell_noah]

I am a US Navy Veteran discharged Honorably (Medically) back in 2003. I am now based here in the Philippines since and have a family. I am also a Green Card holder, in which my card doesn't expire until 2014, yet I have continuously stayed here since 2005, now having a possible abandonment of LPR status. I also filed for Naturalization under Section 329 of INA (Naturalization during times of hostilities), got approved and now scheduled for an Interview and Civics test on January 25, 2011 at Guam USCIS Office.

Problem is, I can't re-enter the US, due to overstaying here in the Philippines. I have tried getting a tourist visa (B1) but turned out not qualified due to still having my physical Green Card with me. What should I do?

[Mr. Knowitall]

You need to consult an immigration lawyer. Between your time out of the U.S. and your application for a tourist visa, you've put yourself at a serious disadvantage in trying to maintain your status as a LPR or to naturalize.

[xyrell_noah]

Thanks so much for the reply.

I want to put in account that I am applying my Citizenship under INA 329 which states:

Naturalization through Qualifying Service during Periods of Hostilities

Generally, members of the U.S. armed forces who serve honorably for any period of time (even 1 day) during specifically designated periods of hostilities (see below) are eligible for naturalization under section 329 of the INA through such military service.
In general, an applicant for naturalization under INA 329 must:

*Have served honorably in active-duty status, or as a member of the Selected Reserve of the Ready Reserve, for any amount of time during a designated period of hostilities and, if separated from the U.S. armed forces, have been separated honorably

*Have been lawfully admitted as a permanent resident at any time after enlistment or induction, OR have been physically present in the United States or certain territories at the time of enlistment or induction (regardless of whether the applicant was admitted as a permanent resident)


There is no minimum age requirement for an applicant under this section. The designated periods of hostilities are:

September 11, 2001 until the present

The current designated period of hostilities starting on September 11, 2001, will terminate when the President issues an Executive Order terminating the period.

Note: current members of the U.S. armed forces who qualify for naturalization under sections 328 or 329 of the INA can proceed with their naturalization application either in the United States or overseas.

Im sure you would probably would have knowledge on this already. Now about my LPR status, If I understand it right, regardless if I lose it, I would still be eligible for Naturalization. Am I right?

Now with that, Im contemplating on voluntarily abandoning my LPR with an I-407, then acquiring a (B1)NIV Again, What do you think are my chances on that? How long does it take to process an I-407 to be able to qualify for a NIV?