Permanent Resident

[mathlady 0]

How does immigration know if a permanent resident has been outside of the USA for more than 1 year?

Is there a way they can know?

[eau_xplain 2]

When you re-enter the US they will pull up your file using your A#. They will then indicate how long you've been out of the country for that particular trip.

[YuAndDan 153]

Exit, entry stamps in passport, as well as green-card scan when returning to the USA.

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.

• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Fail to file income tax returns while living outside of the US for any period.

• Declare yourself a "nonimmigrant" on your tax returns.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Note absences longer than 6 months WILL impact an application for Citizenship.

Exiting the country is probably recorded by the airline, they do ask for and record passport info and green-card info upon leaving the country.

Edited June 10, 2008 by YuAndDan

[mathlady 0]

The immigration does not stamp the passport when you go outside the coutry (unless it is something new); so how can they know when you left? They only know when you arrive because they input that in their system. Immigration asks you how long were you outside the USA. It is up to you if you volunteer that information. I just want to know if anyone of you have experienced a situation where you have been outside the USA for more than 1 year and you told the immigration officer than you were outside less than that??? Is there any way he can prove that you were outside the country for a long period?

Thank you for your replies.

[eau_xplain 2]

Why would you lie to immigration and risk them checking your tickets and your passport for entry stamps of the foreign country/ies you visited while overseas?

[maztec 0]

Be honest about it, wait the extra process time if necessary. File for a Travel Document if you will be out of the US for more than 6 months. It is just a smart thing to do and to have.

If you were out of the U.S. for a year - you will have to wait that much longer to receive your Naturalization. Just wait the extra time and you should be fine. Just don't repeat the out of U.S. time without getting a travel document and having a solid, legal, excusable reason for being out of the U.S. for that long.

[walls1010 3]

The immigration does not stamp the passport when you go outside the coutry (unless it is something new); so how can they know when you left? They only know when you arrive because they input that in their system. Immigration asks you how long were you outside the USA. It is up to you if you volunteer that information. I just want to know if anyone of you have experienced a situation where you have been outside the USA for more than 1 year and you told the immigration officer than you were outside less than that??? Is there any way he can prove that you were outside the country for a long period?

Thank you for your replies.

They (immigration at the airport) may not stamp your passport after your re-entry, but how about your GC? Do you think they did not scanned your GC when you exit or re-enter?

Edited June 10, 2008 by walls1010

[diadromous mermaid 36]

The immigration does not stamp the passport when you go outside the coutry (unless it is something new); so how can they know when you left? They only know when you arrive because they input that in their system. Immigration asks you how long were you outside the USA. It is up to you if you volunteer that information. I just want to know if anyone of you have experienced a situation where you have been outside the USA for more than 1 year and you told the immigration officer than you were outside less than that??? Is there any way he can prove that you were outside the country for a long period?

Thank you for your replies.

Same way that USCIS can know that an alien has not taken steps to "preserve" his residency, when they determine that his or her PR has been abandoned.

Lying to a CBP agent in order to get into the country without the proper documentation is the equivalent of an illegal entry. Is it really worth the risk? What happened, mathlady? Forgot to apply for a re-entry permit before you left?

[Boiler 43,634]

Perhaps a poll is in order.

Have you lied at the PoE and got away with it (so far)

Wonder how many responses there would be?

[payxibka 10,044]

The immigration does not stamp the passport when you go outside the coutry (unless it is something new); so how can they know when you left? They only know when you arrive because they input that in their system. Immigration asks you how long were you outside the USA. It is up to you if you volunteer that information. I just want to know if anyone of you have experienced a situation where you have been outside the USA for more than 1 year and you told the immigration officer than you were outside less than that??? Is there any way he can prove that you were outside the country for a long period?

Thank you for your replies.

Immigration does not stamp your passport upon departure, but the air carrier scans your passport.... Do you not believe that this information is shared?

[mathlady 0]

The airline scans the passport for their records. This information COULD be shared with immigration if they request it; which means they would have to do do an additional check that takes longer; assuming that immigration has suspicion that you have stayed many years outside the USA.

No, I did not file the travel document because I knew I was going to be outside of the country for more than several years because I have one minor child, and now that the minor child is going to get a green card, I am now ready to come to the USA. I don't want to apply for a re-entry document at the embassy because the statistics says that most of them get denied. Thank you for your replies.

[Mononoke28 134]

I personally think you're risking it since your entry was recorded by the country you entered when you left. Your passport will more than likely have an entry stamp from the country you arrived, they will look at this and do the math. It's that simple.

Immigration has very simple laws that need to be followed once a person becomes an LPR or US citizen, it's up to you to pay for the consequences if you don't follow their simple rules.

Diana

[mathlady 0]

No, many countries do not stamp the passport upon entry. Mexico is a good example of this. The Mexican gov. is smart and don't want their citizens exposed to losing their residency by overstaying in Mexico. When I have gone to Mexico, I have to request that they stamp my passport for my own records. Also, you can exit the country without having the passport stamped. So, if there are no records in the passport, how can the US immigration really know if you stay for more than 1 year outside the USA? I guess they just don't know.

[Cassie 8]

No, many countries do not stamp the passport upon entry. Mexico is a good example of this. The Mexican gov. is smart and don't want their citizens exposed to losing their residency by overstaying in Mexico. When I have gone to Mexico, I have to request that they stamp my passport for my own records. Also, you can exit the country without having the passport stamped. So, if there are no records in the passport, how can the US immigration really know if you stay for more than 1 year outside the USA? I guess they just don't know.

I don't get stamped entering Canada, but I get stamped every time entering the US.

With that being said, we have to complete a card for Canadian Customs when entering declaring the date of entrance, why you were going there, etc. So there is a record of my entrance and what flight I flew in on.

If, hypothetically speaking, you get here to the US without incident......when you apply to renew your 10 year PR card, or apply for citizenship, how do you plan to show continuous residency in a US location, or answer the question on the N-400 form asking how much time have you spent outside the US?

That is what you need to think about.

Edited June 11, 2008 by Cassie

[diadromous mermaid 36]

The airline scans the passport for their records. This information COULD be shared with immigration if they request it; which means they would have to do do an additional check that takes longer; assuming that immigration has suspicion that you have stayed many years outside the USA.

No, I did not file the travel document because I knew I was going to be outside of the country for more than several years because I have one minor child, and now that the minor child is going to get a green card, I am now ready to come to the USA. I don't want to apply for a re-entry document at the embassy because the statistics says that most of them get denied. Thank you for your replies.

So you've been gone more than several years? How on earth do you intend to pull that fact over on USCIS? What you're discussing is misrepresentation of a material fact. Chances are, if discovered, you'd be taking much more than a short trip out of this country. With a child that is now getting a green card, what would compel you to take such a risk?