Jump to content
Sign in to follow this  
SPSguy

Anyone refused entry under one year on greencard

68 posts in this topic

Recommended Posts

Filed: Timeline

Has anyone been refused entry to U.S. on a trip that was less than one year, despite the 1 yr allowed by greencard?

I'm interested in getting soem feedback since my wife will receive her greencard when we enter the U.S. in a few months. She and I will return to work overseas and intend to enter the U.S. at least once a year.

What can we do to avoid being denied entry? I keep hearing about peole denied at the 6 month mark. What were the circumstances surrounding those cases?

Much appreciated for any help.


**** filed K3/CR1 concurrently. My wife and I both work/live overseas. The following timeline continues from the approval of the K3 VISA.


Our journey
http://www.visajourney.com/forums/index.php?showtopic=115855

NVC rec'd 130/ assigned case# 5-15-08
Called to request online payment ID# 5-18-08
Rec'd ds 3032/AOS bill by USPS 5-19-08
Rec'd email Online ID# for payment of AOS and DS3032 5-21-08
Returned ds 3032 by USPS during wife visit to U.S. on K3--5-29-09
Paid AOS online: 7-05-09 ( While in Cambodia )
Rec'd email to pay IV bill 7-7-09
Paid IV bill online 7-08-09
Mailed I-864 2-16-10
I- 864 delivered 2-18-10
Mailed DS 230 2-22-10
Ds 230 delivered 2-24-10
AVR says "NVC is awaiting biographic info from petitioner" 2-24-10
AVR says, "NVC has received the info checklist requested." NVC HAS ENTERED DS-230 INTO COMPUTER 3-01-10
SIF: 3-08-10
AVR Case Complete: 3-09-10
Rec'd interview email/date: 3-15-10
Medical: 4-09-10
INTERVIEW( less than 5 minutes ): 4-26-10 APPROVED
Pickup Visa: 4-30-10
POE: LAX 5/31/10
Overnight REENTRY Permit app: 6/01/10
Rec'd SS: 6-10-10
Rec'd Welcome to USA Letter + Green Card Tracking #: 6-14-10
Rec'd NOA1 letter + receipt # for reentry permit: 6-14-10
Rec'd 10 Yr. GC: 6-21-10
Rec'd Bio appt for reentry permit 7-18-10 but changed to 6-28-10 thru INFOpass: 6-25-10
REentry touches: 9-6-10, 9-29-10, 10-4-10
Rec'd email Reentry mailed 10-07-10
Rec'd reentry permit 10-09-10 ( 4 mths 1 wk )

Naturalized 04/2016

Received US Passport 05/2016

Share this post


Link to post
Share on other sites

What your planning goes against the regulations for the green card, and if they notice a pattern to your travels, they could pull your GC due to not maintaining residence.

If your going to be out of the country for a year or more, than you should request a re-entry permit.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Share this post


Link to post
Share on other sites
Filed: Timeline

I am not talking about over 1 year travel, strictly under 1 year. Has anyone been denied entry on trips under one year? And why?

I understand why people might get denied, the question is, what can we do to avoid? There are cases where a humanitarian pass is given, etc, etc.

But I am looking for others that travel and enter under 1 year and the problems they have faced.


**** filed K3/CR1 concurrently. My wife and I both work/live overseas. The following timeline continues from the approval of the K3 VISA.


Our journey
http://www.visajourney.com/forums/index.php?showtopic=115855

NVC rec'd 130/ assigned case# 5-15-08
Called to request online payment ID# 5-18-08
Rec'd ds 3032/AOS bill by USPS 5-19-08
Rec'd email Online ID# for payment of AOS and DS3032 5-21-08
Returned ds 3032 by USPS during wife visit to U.S. on K3--5-29-09
Paid AOS online: 7-05-09 ( While in Cambodia )
Rec'd email to pay IV bill 7-7-09
Paid IV bill online 7-08-09
Mailed I-864 2-16-10
I- 864 delivered 2-18-10
Mailed DS 230 2-22-10
Ds 230 delivered 2-24-10
AVR says "NVC is awaiting biographic info from petitioner" 2-24-10
AVR says, "NVC has received the info checklist requested." NVC HAS ENTERED DS-230 INTO COMPUTER 3-01-10
SIF: 3-08-10
AVR Case Complete: 3-09-10
Rec'd interview email/date: 3-15-10
Medical: 4-09-10
INTERVIEW( less than 5 minutes ): 4-26-10 APPROVED
Pickup Visa: 4-30-10
POE: LAX 5/31/10
Overnight REENTRY Permit app: 6/01/10
Rec'd SS: 6-10-10
Rec'd Welcome to USA Letter + Green Card Tracking #: 6-14-10
Rec'd NOA1 letter + receipt # for reentry permit: 6-14-10
Rec'd 10 Yr. GC: 6-21-10
Rec'd Bio appt for reentry permit 7-18-10 but changed to 6-28-10 thru INFOpass: 6-25-10
REentry touches: 9-6-10, 9-29-10, 10-4-10
Rec'd email Reentry mailed 10-07-10
Rec'd reentry permit 10-09-10 ( 4 mths 1 wk )

Naturalized 04/2016

Received US Passport 05/2016

Share this post


Link to post
Share on other sites

I am not talking about over 1 year travel, strictly under 1 year. Has anyone been denied entry on trips under one year? And why?

I understand why people might get denied, the question is, what can we do to avoid? There are cases where a humanitarian pass is given, etc, etc.

But I am looking for others that travel and enter under 1 year and the problems they have faced.

Your not understanding - going out of the country and returning every 6 months will be picked up but CBP, and that pattern will tip them off your not following the rules.

I have read where people doing this have lost their GC.

You can get a re-entry permit for 2 years, so you can stay out of the US for that time and not worry about coming back every 6 months like you plan.

Your choice.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Share this post


Link to post
Share on other sites
Filed: Timeline

Your not understanding - going out of the country and returning every 6 months will be picked up but CBP, and that pattern will tip them off your not following the rules.

I have read where people doing this have lost their GC.

You can get a re-entry permit for 2 years, so you can stay out of the US for that time and not worry about coming back every 6 months like you plan.

Your choice.

I've helped people get re-entry permits in the past. So it is not a foreign topic for me. Your help is well intended, I appreicate it.

However, I am looking for actual cases where the border patrol has denied entry for trips under 1 year.

Of course the re entry permit would solve everything. However, my understanding is that new regulation might require biometrics to be taken, and we are not sure if my wife can stay in the US long enough to wait out the re-entry permit process, ie.. getting fingerprints, etc..

We will be in the US for perhaps 1 month and must return due to her work overseas.


**** filed K3/CR1 concurrently. My wife and I both work/live overseas. The following timeline continues from the approval of the K3 VISA.


Our journey
http://www.visajourney.com/forums/index.php?showtopic=115855

NVC rec'd 130/ assigned case# 5-15-08
Called to request online payment ID# 5-18-08
Rec'd ds 3032/AOS bill by USPS 5-19-08
Rec'd email Online ID# for payment of AOS and DS3032 5-21-08
Returned ds 3032 by USPS during wife visit to U.S. on K3--5-29-09
Paid AOS online: 7-05-09 ( While in Cambodia )
Rec'd email to pay IV bill 7-7-09
Paid IV bill online 7-08-09
Mailed I-864 2-16-10
I- 864 delivered 2-18-10
Mailed DS 230 2-22-10
Ds 230 delivered 2-24-10
AVR says "NVC is awaiting biographic info from petitioner" 2-24-10
AVR says, "NVC has received the info checklist requested." NVC HAS ENTERED DS-230 INTO COMPUTER 3-01-10
SIF: 3-08-10
AVR Case Complete: 3-09-10
Rec'd interview email/date: 3-15-10
Medical: 4-09-10
INTERVIEW( less than 5 minutes ): 4-26-10 APPROVED
Pickup Visa: 4-30-10
POE: LAX 5/31/10
Overnight REENTRY Permit app: 6/01/10
Rec'd SS: 6-10-10
Rec'd Welcome to USA Letter + Green Card Tracking #: 6-14-10
Rec'd NOA1 letter + receipt # for reentry permit: 6-14-10
Rec'd 10 Yr. GC: 6-21-10
Rec'd Bio appt for reentry permit 7-18-10 but changed to 6-28-10 thru INFOpass: 6-25-10
REentry touches: 9-6-10, 9-29-10, 10-4-10
Rec'd email Reentry mailed 10-07-10
Rec'd reentry permit 10-09-10 ( 4 mths 1 wk )

Naturalized 04/2016

Received US Passport 05/2016

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ghana
Timeline

I've helped people get re-entry permits in the past. So it is not a foreign topic for me. Your help is well intended, I appreicate it.

However, I am looking for actual cases where the border patrol has denied entry for trips under 1 year.

Of course the re entry permit would solve everything. However, my understanding is that new regulation might require biometrics to be taken, and we are not sure if my wife can stay in the US long enough to wait out the re-entry permit process, ie.. getting fingerprints, etc..

We will be in the US for perhaps 1 month and must return due to her work overseas.

I doubt you'll get an answer from someone on this forum who has been denied entry based on your question. One would be tempted to say it must be extremely rare since it's under a year. If anything, you'd be re-setting your times for N-400. I don't see any problem with you guys making a couple of trips during the year. Then again I'm not at the POE so what I think doesn't hold water. Since you want specific examples, just Hope somebody on here knows someone who got denied eventhough it's a horrible thing to happen to anybody.

Share this post


Link to post
Share on other sites
Filed: Timeline

I doubt you'll get an answer from someone on this forum who has been denied entry based on your question. One would be tempted to say it must be extremely rare since it's under a year. If anything, you'd be re-setting your times for N-400. I don't see any problem with you guys making a couple of trips during the year. Then again I'm not at the POE so what I think doesn't hold water. Since you want specific examples, just Hope somebody on here knows someone who got denied eventhough it's a horrible thing to happen to anybody.

Thanks for your response. I'd welcome even a response from someone that knows someone that had be denied, detailing what happened, action taken by border patrol, and the aftermath.

I am considering writing to the local consulate or USCIS for interpretation of law to present to the border patrol so to prevent such occurence. YOU ARE ABSOLUTELY CORRECT in that such a denial would be a horrible thing ( nightmare ) to go through after 12-30 hours of flight into the U.S. Which is the very reason why I'm hoping to get something in writing to prevent it.

My wife has every intention to immigrate, we'll be filing joint return taxes, have a mortgage/lease, drivers license, etc..

Are the people denied entry the result of procedural technicality or a real threat? For example, I could see an intent not to immigrate if the greencardholder didn't have in their possession a drivers license, tax filings, and other information preserving U.S. domocile.


**** filed K3/CR1 concurrently. My wife and I both work/live overseas. The following timeline continues from the approval of the K3 VISA.


Our journey
http://www.visajourney.com/forums/index.php?showtopic=115855

NVC rec'd 130/ assigned case# 5-15-08
Called to request online payment ID# 5-18-08
Rec'd ds 3032/AOS bill by USPS 5-19-08
Rec'd email Online ID# for payment of AOS and DS3032 5-21-08
Returned ds 3032 by USPS during wife visit to U.S. on K3--5-29-09
Paid AOS online: 7-05-09 ( While in Cambodia )
Rec'd email to pay IV bill 7-7-09
Paid IV bill online 7-08-09
Mailed I-864 2-16-10
I- 864 delivered 2-18-10
Mailed DS 230 2-22-10
Ds 230 delivered 2-24-10
AVR says "NVC is awaiting biographic info from petitioner" 2-24-10
AVR says, "NVC has received the info checklist requested." NVC HAS ENTERED DS-230 INTO COMPUTER 3-01-10
SIF: 3-08-10
AVR Case Complete: 3-09-10
Rec'd interview email/date: 3-15-10
Medical: 4-09-10
INTERVIEW( less than 5 minutes ): 4-26-10 APPROVED
Pickup Visa: 4-30-10
POE: LAX 5/31/10
Overnight REENTRY Permit app: 6/01/10
Rec'd SS: 6-10-10
Rec'd Welcome to USA Letter + Green Card Tracking #: 6-14-10
Rec'd NOA1 letter + receipt # for reentry permit: 6-14-10
Rec'd 10 Yr. GC: 6-21-10
Rec'd Bio appt for reentry permit 7-18-10 but changed to 6-28-10 thru INFOpass: 6-25-10
REentry touches: 9-6-10, 9-29-10, 10-4-10
Rec'd email Reentry mailed 10-07-10
Rec'd reentry permit 10-09-10 ( 4 mths 1 wk )

Naturalized 04/2016

Received US Passport 05/2016

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Australia
Timeline

Has anyone been refused entry to U.S. on a trip that was less than one year, despite the 1 yr allowed by greencard?

I'm interested in getting soem feedback since my wife will receive her greencard when we enter the U.S. in a few months. She and I will return to work overseas and intend to enter the U.S. at least once a year.

What can we do to avoid being denied entry? I keep hearing about peole denied at the 6 month mark. What were the circumstances surrounding those cases?

Much appreciated for any help.

I'm not sure I completely understand what you're planning.

You said that you and your wife are planning to remain working overseas (which to me also reads as "live") but that you plan to "enter the US at least once a year".. which sounds to me (or reads rather) that you are intending to "pop by the US" to make sure that you retain residency... which is against the rules of the greencard.

The reason this matters is because you may not have the card revoked simply because you were gone for 6 months or more, but instead because they sense a pattern to your trips (and this could be the time you go on holidays (not word) and you're gone less than 2 weeks or something.. it just happened to be when CBP "noticed" your pattern/s) and that you are not following the rules of the greencard which are that you must RESIDE in the US... this means the number of months out of the US should be less than the years in the US.

It is completely up to the CBP officers discretion to determine whether s/he thinks you have abandoned your status in the US. Typically they will revoke the card and you will have a court case to attend to "fight" the revocation at which time you will plead your case that you don't live overseas. However that said, given the situation you describe you are planning, I honestly can't see the judge ruling that you HAVEN'T been living overseas seeing you work there...

I have also read that continuing to pay US taxes, maintain a residence (house) there help in showing you have been maintaining residency and those are things you could show if you're having an issue.. but it honestly sounds to me that you are breaking the GC rules by trying to live overseas whilst having a US greencard.

Here's a few links for you:

- http://www.antaoandchuang.com/i-keeping.html - shows ways to show CBP that you are maintaining residency and talks about cases like you working overseas

- http://www.kkeane.info/all-faqs/green-cards.html - random Q&A, a few about losing GC

Anyway they don't really answer your questions. I tried a quick google but found nothing specific to what you're asking but I did want to voice (like other have) that what you *appear* to be planning sounds like you might encounter a few issues so I would instead get a re-entry permit and plan on immigrating (properly) before it expires.

Edited by Vanessa&Tony

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ecuador
Timeline

You should call one or two CBP ports to ask actual officers or Port Directors: http://www.cbp.gov

Why rely on anecdotal evidence, or on responses from folks whose circumstances differed from yours, or on responses that reflect previous CBP policies or interpretations thereof?


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites
Filed: Timeline

You should call one or two CBP ports to ask actual officers or Port Directors: http://www.cbp.gov

Why rely on anecdotal evidence, or on responses from folks whose circumstances differed from yours, or on responses that reflect previous CBP policies or interpretations thereof?

Thanks TboneTX and thanks to everyone for contributing to this topic.

The following seems to be the consensus ( altho not written ):

If you are absent for less than six months, you will rarely have a problem. It is BCBP's job to prove that you abandoned your residency. Absent that, you are considered to never really have left.

If you are absent for more than six months but less than a year, the burden of proof reverses. It becomes your job to prove that you are still a permanent resident. This is based on the concept that after six months, you have to be readmitted and have to prove that you are still admissible. As a side note, after an absence of more than six months, the various criteria for admissibility apply again, too. For instance, if you in the meantime had become inadmissible, say through an HIV infection, you might have a problem.

If you are absent for more than a year, your Green Card will be considered almost automatically abandoned. Once that happened, there is usually no recourse. However, if through some miracle the immigration officer didn't ask you how long you have been out of the USA when you return, then you may be in luck and able to keep your Green Card after all. You should in this case not leave the USA for a very long time, and make it your bona fide residence again.

I'll check out the link Tbone provided, and attempt to get something in writing. There's less credence to something said over the phone as there's no proof when you need it.


**** filed K3/CR1 concurrently. My wife and I both work/live overseas. The following timeline continues from the approval of the K3 VISA.


Our journey
http://www.visajourney.com/forums/index.php?showtopic=115855

NVC rec'd 130/ assigned case# 5-15-08
Called to request online payment ID# 5-18-08
Rec'd ds 3032/AOS bill by USPS 5-19-08
Rec'd email Online ID# for payment of AOS and DS3032 5-21-08
Returned ds 3032 by USPS during wife visit to U.S. on K3--5-29-09
Paid AOS online: 7-05-09 ( While in Cambodia )
Rec'd email to pay IV bill 7-7-09
Paid IV bill online 7-08-09
Mailed I-864 2-16-10
I- 864 delivered 2-18-10
Mailed DS 230 2-22-10
Ds 230 delivered 2-24-10
AVR says "NVC is awaiting biographic info from petitioner" 2-24-10
AVR says, "NVC has received the info checklist requested." NVC HAS ENTERED DS-230 INTO COMPUTER 3-01-10
SIF: 3-08-10
AVR Case Complete: 3-09-10
Rec'd interview email/date: 3-15-10
Medical: 4-09-10
INTERVIEW( less than 5 minutes ): 4-26-10 APPROVED
Pickup Visa: 4-30-10
POE: LAX 5/31/10
Overnight REENTRY Permit app: 6/01/10
Rec'd SS: 6-10-10
Rec'd Welcome to USA Letter + Green Card Tracking #: 6-14-10
Rec'd NOA1 letter + receipt # for reentry permit: 6-14-10
Rec'd 10 Yr. GC: 6-21-10
Rec'd Bio appt for reentry permit 7-18-10 but changed to 6-28-10 thru INFOpass: 6-25-10
REentry touches: 9-6-10, 9-29-10, 10-4-10
Rec'd email Reentry mailed 10-07-10
Rec'd reentry permit 10-09-10 ( 4 mths 1 wk )

Naturalized 04/2016

Received US Passport 05/2016

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Thailand
Timeline

I'm sorry. I don't know details, and I can't get them. Here's a tale, though.

Story from usvisa4thai.com. A woman had her green card revoked because she spent 8 months in Thailand. Her husband was deployed overseas. Rather than fast-tracking citizenship, she decided to stay with her parents. She entered the US for a month, went sight seeing with friends, got her green card and social security card, and then went back home. I doubt she had a lease/driver's license/taxes/pay stubs/mail/whatever to show her ties to the US. She certainly didn't have a re-entry permit. Her last post said she and her husband were living in Thailand.

TBone had a good idea.

Good luck.


USCIS : 104 Days

10-30-2009 : I-130 and Documents Sent

11-06-2009 : NOA1

02-18-2010 : NOA2

NVC : 66 Days

02-24-2010 : Case Number Assigned

02-25-2010 : E-Mails Given to NVC Operator

02-26-2010 : DS-3032 Sent by E-Mail

03-02-2010 : Received DS-3032 and AOS Bill

03-02-2010 : DS-3032 Accepted

03-02-2010 : Pay AOS and IV Bill Online

03-04-2010 : AOS Shows PAID

03-08-2010 : IV Bill Shows PAID

03-09-2010 : AOS and Documents Sent

03-09-2010 : Receive IV Bill

03-19-2010 : DS-230 and Documents Sent

03-24-2010 : False RFE for DS-230; Confirmed AOS Reviewed and No Missing Information Found

04-02-2010 : Sign-In Failed. Thank you, Lord!

04-05-2010 : Case Completed at NVC

04-15-2010 : Majorly Unhappy with NVC

04-30-2010 : Interview Date Assigned

Embassy :

05-06-2010 : Medical Exam

06-08-2010 : Interview Date -- Approved! Experience and Review

06-18-2010 : Visa Received

Share this post


Link to post
Share on other sites
Filed: Timeline

I'm sorry. I don't know details, and I can't get them. Here's a tale, though.

Story from usvisa4thai.com. A woman had her green card revoked because she spent 8 months in Thailand. Her husband was deployed overseas. Rather than fast-tracking citizenship, she decided to stay with her parents. She entered the US for a month, went sight seeing with friends, got her green card and social security card, and then went back home. I doubt she had a lease/driver's license/taxes/pay stubs/mail/whatever to show her ties to the US. She certainly didn't have a re-entry permit. Her last post said she and her husband were living in Thailand.

TBone had a good idea.

Good luck.

Well I chose not to call CBP but wrote them instead. I am hoping to get a response soon. Their site has a question and answer form and this is what I wrote:

Dear CBP official,

I am a United States citizen and a petitioner for my wife to become a United States legal permanent resident. Her IR1 visa was recently approved and she intends to immigrate to the United States to live with me.

My question is related to the new law that 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. My wife would like to enter the United States at least once a year ( never over 1 year ) using her greencard until her job contract in her former country ends.

We are concerned that upon entering the United States Chicago port of entry in the future, she may be denied entry as a result of this new law. The United States is our home and my wife intends to become a naturalized citizen in the future when it is legally permissable for her to do so. However, due to the current economic and job market, we are forced to temporarily accept work outside of the United States.

Please advise how she can enter the United States without denial or refusal. Please note that I will be traveling with her at all time as I am also currently working oveseas in my wife's former country. We do not wish to apply for a re-entry permit since we will never be outside of the United States for more than 1 year.

Your assistance is greatly appreciated.

Their system gave me a tracking ID for followup. Let's see what they say.


**** filed K3/CR1 concurrently. My wife and I both work/live overseas. The following timeline continues from the approval of the K3 VISA.


Our journey
http://www.visajourney.com/forums/index.php?showtopic=115855

NVC rec'd 130/ assigned case# 5-15-08
Called to request online payment ID# 5-18-08
Rec'd ds 3032/AOS bill by USPS 5-19-08
Rec'd email Online ID# for payment of AOS and DS3032 5-21-08
Returned ds 3032 by USPS during wife visit to U.S. on K3--5-29-09
Paid AOS online: 7-05-09 ( While in Cambodia )
Rec'd email to pay IV bill 7-7-09
Paid IV bill online 7-08-09
Mailed I-864 2-16-10
I- 864 delivered 2-18-10
Mailed DS 230 2-22-10
Ds 230 delivered 2-24-10
AVR says "NVC is awaiting biographic info from petitioner" 2-24-10
AVR says, "NVC has received the info checklist requested." NVC HAS ENTERED DS-230 INTO COMPUTER 3-01-10
SIF: 3-08-10
AVR Case Complete: 3-09-10
Rec'd interview email/date: 3-15-10
Medical: 4-09-10
INTERVIEW( less than 5 minutes ): 4-26-10 APPROVED
Pickup Visa: 4-30-10
POE: LAX 5/31/10
Overnight REENTRY Permit app: 6/01/10
Rec'd SS: 6-10-10
Rec'd Welcome to USA Letter + Green Card Tracking #: 6-14-10
Rec'd NOA1 letter + receipt # for reentry permit: 6-14-10
Rec'd 10 Yr. GC: 6-21-10
Rec'd Bio appt for reentry permit 7-18-10 but changed to 6-28-10 thru INFOpass: 6-25-10
REentry touches: 9-6-10, 9-29-10, 10-4-10
Rec'd email Reentry mailed 10-07-10
Rec'd reentry permit 10-09-10 ( 4 mths 1 wk )

Naturalized 04/2016

Received US Passport 05/2016

Share this post


Link to post
Share on other sites
It is BCBP's job to prove that you abandoned your residency.

This is incorrect. As always, it's up to you to prove you didn't. All CBP has to do is suspect it.

What most immigration lawyers state is this:

GENERAL RULE

It is very important to realize that U.S. Immigration law requires that a green card holder must NEVER abandon the INTENTION of continuing to reside permanently in the United States. Once, a green card holder abandons that intention, e.g., by intending to reside permanently in some other country, that person loses the right to keep their green card.

This means that ANYTIME a green card holder leaves the U.S., that person is subject to being accused by the Immigration and Naturalization Service (I.N.S.) of having abandoned the intention of living in the U.S., and is subject to having the greencard taken away--on the spot. Therefore, green card holders must always take certain PRECAUTIONS in order to be able to prove to the I.N.S. that they have never abandoned the intention of living in the U.S. permanently. However, simply returning to the U.S. once a year for several weeks to use the Green card is NOT enough!!! Many green card holders have lost their green cards--even though they returned to the U.S. once a year.

Source

This link also has some suggestions that you are looking for - take a read.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Share this post


Link to post
Share on other sites
Filed: Timeline

The arguement on intent to abandon residency looks like a scheme for the government to make money with the re-entry permit. It doesn't make any sense for the government to say a GC holder can leave the country for up to 1 year and enter with an unexpired GG, yet devise a 180 day condition that is subject to the CBP's interpretation.

Why don't they just come out and say a GC holder can leave for 6 months, and anything over that requires a re-entry permit.


**** filed K3/CR1 concurrently. My wife and I both work/live overseas. The following timeline continues from the approval of the K3 VISA.


Our journey
http://www.visajourney.com/forums/index.php?showtopic=115855

NVC rec'd 130/ assigned case# 5-15-08
Called to request online payment ID# 5-18-08
Rec'd ds 3032/AOS bill by USPS 5-19-08
Rec'd email Online ID# for payment of AOS and DS3032 5-21-08
Returned ds 3032 by USPS during wife visit to U.S. on K3--5-29-09
Paid AOS online: 7-05-09 ( While in Cambodia )
Rec'd email to pay IV bill 7-7-09
Paid IV bill online 7-08-09
Mailed I-864 2-16-10
I- 864 delivered 2-18-10
Mailed DS 230 2-22-10
Ds 230 delivered 2-24-10
AVR says "NVC is awaiting biographic info from petitioner" 2-24-10
AVR says, "NVC has received the info checklist requested." NVC HAS ENTERED DS-230 INTO COMPUTER 3-01-10
SIF: 3-08-10
AVR Case Complete: 3-09-10
Rec'd interview email/date: 3-15-10
Medical: 4-09-10
INTERVIEW( less than 5 minutes ): 4-26-10 APPROVED
Pickup Visa: 4-30-10
POE: LAX 5/31/10
Overnight REENTRY Permit app: 6/01/10
Rec'd SS: 6-10-10
Rec'd Welcome to USA Letter + Green Card Tracking #: 6-14-10
Rec'd NOA1 letter + receipt # for reentry permit: 6-14-10
Rec'd 10 Yr. GC: 6-21-10
Rec'd Bio appt for reentry permit 7-18-10 but changed to 6-28-10 thru INFOpass: 6-25-10
REentry touches: 9-6-10, 9-29-10, 10-4-10
Rec'd email Reentry mailed 10-07-10
Rec'd reentry permit 10-09-10 ( 4 mths 1 wk )

Naturalized 04/2016

Received US Passport 05/2016

Share this post


Link to post
Share on other sites

We were out of the country (11) months last year. When we re-entered the officer gave us a very hard time. He said she should have had a re-entry permit. I asked him what this means and held up the rules from the website. He said that even though the website says that she still should have had a permit. He wrote OUT 11 MONTHS in her passport and let us enter.

I am quite sure that next time we enter we will get the same hard time. We will only be out (4) months this time.

This was in December of last year. Hope that helps.

Edited by himher

 

i don't get it.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...