Question about LPR outside of US but travelling back in

[yt235 0]

I tried searching the forum but was unable to find what I'm looking for.

My wife received her LPR card at the end of last year, and was then offered a job in the Uk at the first of January. She has been there since January.

She planned a trip to the US for about 2 weeks from now and we keep coming up against mention of the following

"(LPRs that are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101.)"

I have searched the web, called USCIS, US Customs and Border Patrol and two different airports (the last one told me taht she needed to contact the US Embassy in the UK) and cannot find any information on what 8 USC 1101 actually is or what it entails.

Should she anticipate any issues with coming into the country for a 2 week visit given that she's been out of the US for less than a year (thus requiring no re-entry visa)? Is there anything specific she needs to do to make sure that she can get into the country or are we worrying about nothing?

Thank you very much for any help you can provide

Yt235

[payxibka 10,045]

if you search 8 CFR 1101 you might be more successful

http://law.justia.com/us/cfr/title08/8-1.0.2.5.3.html

[milimelo 4,500]

I tried searching the forum but was unable to find what I'm looking for.

My wife received her LPR card at the end of last year, and was then offered a job in the Uk at the first of January. She has been there since January.

She planned a trip to the US for about 2 weeks from now and we keep coming up against mention of the following

"(LPRs that are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101.)"

I have searched the web, called USCIS, US Customs and Border Patrol and two different airports (the last one told me taht she needed to contact the US Embassy in the UK) and cannot find any information on what 8 USC 1101 actually is or what it entails.

Should she anticipate any issues with coming into the country for a 2 week visit given that she's been out of the US for less than a year (thus requiring no re-entry visa)? Is there anything specific she needs to do to make sure that she can get into the country or are we worrying about nothing?

Thank you very much for any help you can provide

Yt235

Looks like pay answered it for you - my assumption was wrong.

Edited August 22, 2009 by milimelo

[yt235 0]

Thank you very much

Lyle

[matty2013 0]

Hello Lyle,

I am in the same boat it seems... what's your interpretation of the law? And what happened to your wife on arrival?

Any help or advice would be much appreciated.

[Brother Hesekiel 2,236]

Your wife's Green Card is the document allowing her to live and to work permanently in the United States. It's also a document requiring her to live and to work permanently in the U.S. The United Kingdom is not part of the United States, so she is violating the terms of her residency and tries to circumvent U.S. immigration law by abusing her Green Card as a tourist visa.

I'm sorry if this sound harsh, but don't blame the messenger. It's quite possible that CBP will have a thorough talk with her. Basically, she spent only a few weeks in the U.S., and more than 90% since becoming a resident outside the U.S. What do you think what they will think about that?

If she gets lucky this time and is being admitted again, meaning CBP will not determine that she abandoned her residency, then she needs to decide where she wants to reside. If her U.S. residency means anything to her, it should be in one of the 50 States of the Union. If she instead prefers to live in Europe, she should be prepared to lose her Green Card which is not the end of the world as you, her U.S. citizen spouse, can file a new I-130 for her once she is ready to move to the U.S. again.

[Ban Hammer 13,403]

this thread is over 2 years old......and the op has not been on vj for over a year...

any new questions regarding any similar circumstances should be started in a new thread.