Anyone refused entry under one year on greencard

[belinda63 2,981]

The whole idea is what the port of entry police believe to be happening. A green card is for a person to reside in the US, not for a person to visit. While I certainly understand your situation I can also see where a problem would arise where she is (for example) gone for 10 months, returns for one, leaves for eight months, returns for two, etc. This is not "residing" in the US it is visiting. While having a residence in and paying taxes to the US is certainly proof of ties to the country it may or may not convince the entry person that she "resides" here. There are foreign investors in real estate who own homes and businesses in the US but that does not mean they "reside" here.

[himher 634]

True that.

[Boiler 43,399]

You certainly will not get an answer by writing. Or calling.

I am pretty sure they send you something about maintaining residence with your GC.

Even with a re entry permit you have to maintain residency.

Simplistically s a PR you live in the US and visit somewhere else.

You seem to be in the live somewhere else and visit US category, which could end in tears at some point.

You have to make up your mind what you want to do.

[SPSguy 18]

Thanks everyone for your ideas on what this new law means.

HIM/HER, it's interesting that after the hard time the poe officer gave you, he still let you in.

However, it could be that they are looking for "patterns" of travel to trigger the enforcement.

Was this your first time out for 11 months?

My wife and I have no pattern of this kind of extended travel and we simply want to complete our work contract

and then return to live work in USA.

Well I submitted the question via the CBP formal request site. The site requires registration and records and archives

similar questions asked by other travelers too. It also keeps a history of your questions and thier responses.

To suggest that CBP will not answer is simply incorrect.

Let's wait for a formal response on Monday.

[Boiler 43,399]

No need to wait:

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

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 United States for more than 1 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 United States may be considered, even if less than 1 year

Remain outside of the United States for more than 2 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 United States may be considered, even if less than 1 year

Fail to file income tax returns while living outside of the United States for any period

Declare yourself a “nonimmigrant” on your tax returns

[Deputy Purple 1,294]

For the love of your marriage, suck it up and get the reentry permit.

This is another example of "Why take the risk?"

How would you feel if she is denied entry and her GC is revoked? It will cost a lot more money than the reentry permit and there is the heartache and stress involved with being separated (again)..

If you aren't ready to live in the US together yet then you should have looked at the K-3 Visa.

[SPSguy 18]

For the love of your marriage, suck it up and get the reentry permit.

This is another example of "Why take the risk?"

How would you feel if she is denied entry and her GC is revoked? It will cost a lot more money than the reentry permit and there is the heartache and stress involved with being separated (again)..

If you aren't ready to live in the US together yet then you should have looked at the K-3 Visa.

Welcome Bob 4 Anna,

With all due respect, let me decide how I should love my marriage. And let me decide how much risk we are willing to take. Just so that you know, my wife and I have not been separated for more than 1 day since we were married. And yes, we've been married for more than 2 years. How's that for the love of my marriage?

Actually we already have an approved K3 which will expire in Nov. 2010. We decided not to renew and opted for the IR1 because we thought it would allow a 1 year entry freedom with a GC. As you can see the new 6 month law may cause some things to change. I AM IN THE RESEARCH MODE SO THERE'S NO NEED TO PANICK YET.

We may decide to do the simple thing by obtaining a re entry permit. Yet, even that does not guarantee anything. So for the love of all our marriages, we need to consider the possibilities and probabilities of impact.

The other issue is that we will be in the U.S. for about one month. My understanding is that the re entry permit now requires bio metics at the local immigration office. Thus, I'm not quite sure if the appointment for finger printing will be soon enough.

AS you can see, everything is not black and white and thus mandates research.

[HeatDeath 430]

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.

This is an interesting choice of wording.

You are unlikely to encounter serious problems after only a single trip. You may very well, as others have posted, encounter a stern talking-to upon attempted reentry, but they will very probably let you back in after a single trip of less than a year.

You are far more likely to encounter serious problems on your second attempted reentry. CBP can and do notice and respond to patterns in travel. If they see that a green card holder spent most of a year outside of the US, returned for a week, then left for almost a whole 'nother year, it is virtually certain that you will encounter serious resistance from CBP upon attempted reentry. Revocation of the green card is a very realistic possibility in such a circumstance, A third such trip, with very little time spent in the US in the meantime renders green card revocation a virtual certainty.

You are very well advised to use reentry permits to minimize attempted re-entries. If you return after almost 2 years with a reentry permit you will encounter almost no resistance. A second reentry attempt, 2 years later, with a second reentry permit is significantly riskier, but still not the virtually guaranteed failure of the 3rd attempt in three years with no reentry permits described above.

Use of a reentry permit will buy you two virtually risk-free years abroad. I would use those two years to reorganize your lives so that the green card you have paid a lot of time and money for will be usable. Or you may very well find yourselves having to go through this whole process again with a spousal visa again in a few years.

[SPSguy 18]

This is an interesting choice of wording.

You are unlikely to encounter serious problems after only a single trip. You may very well, as others have posted, encounter a stern talking-to upon attempted reentry, but they will very probably let you back in after a single trip of less than a year.

You are far more likely to encounter serious problems on your second attempted reentry. CBP can and do notice and respond to patterns in travel. If they see that a green card holder spent most of a year outside of the US, returned for a week, then left for almost a whole 'nother year, it is virtually certain that you will encounter serious resistance from CBP upon attempted reentry. Revocation of the green card is a very realistic possibility in such a circumstance, A third such trip, with very little time spent in the US in the meantime renders green card revocation a virtual certainty.

You are very well advised to use reentry permits to minimize attempted re-entries. If you return after almost 2 years with a reentry permit you will encounter almost no resistance. A second reentry attempt, 2 years later, with a second reentry permit is significantly riskier, but still not the virtually guaranteed failure of the 3rd attempt in three years with no reentry permits described above.

Use of a reentry permit will buy you two virtually risk-free years abroad. I would use those two years to reorganize your lives so that the green card you have paid a lot of time and money for will be usable. Or you may very well find yourselves having to go through this whole process again with a spousal visa again in a few years.

Thanks HeatDeath,

Those are my thoughts exactly. It seems as if you had done a parallel research on the issue. We may decide to take the easy route by getting the re entry permit, although it will only be a single attempt to re-enter. I'm just debating if it is worth the $385 and wait-time for biometrics for a single re-entry under 1 year.

[SPSguy 18]

Alrighty VJ freinds,

It appears everyone here is a bit optomistic regarding the actual law on greencard entry past 6 months.

Here's the fact per 8 USC 1101:

http://www.law.cornell.edu/uscode/pdf/uscode08/lii_usc_TI_08_CH_12_SC_I_SE_1101.pdf

© An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien—

(i) has abandoned or relinquished that status,

(ii) has been absent from the United States for a continuous period in excess of 180 days,

Based on this ruling there is no leniency or understanding on entering the US after 180 days. It's against the law plain and simple. I believe POE officers have been letting people in past 6 months ( but under 1 year ) not because they are nice people but to enable a grace period for this new ruling to take full effect. It's just a matter of time when it will be fully enforced. ( I certain don't want to be the first case study )

The re-entry permit remains the only means for staying outside of the U.S. up to 2 years. However, I suspect there might be something coming down the pipeline in the form of a "special request" or "waiver" for leave between 6 months and 1 years using only the greencard.

As for me, I'm fully satisfied after seeing the actual rule on this 6 month requirement and will prepare accordingly.

[himher 634]

I don't think even that is enough. We go to great pains to maintain residency / residence in the US that other couples who work overseas wouldnt dream of doing. At the end of the day, the card can be taken anytime.

The worst thing that can happen is that we have to start over. Either way, we will just do our best and if the card ends up being taken we will repat somewhere else. We would rather have no card and an intact family then live apart just to maintain the card. Our marriage, after all, was not "just for a green card" and the green card is less important to us than the marriage.

Best to all of you,

D&N

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.

[BrazilianXuxu 0]

Hello,

I'm in a similar situation.

I'm a conditional permanent resident since July 09. This year, in May me and my wife will start working on a cruise ship, doing 6 month contracts at a time.

My questions is, The company is an american company and taxes will be deducted from my paycheck monthly. My first contract will be in Europe and after 6 months, we will have a 6 weeks vacation,and then, another 6 month contract.The company will fly us back to the US after the end of each contract. We live in Missouri.

I was wondering if I would have any problem returning to the US at the POE once I'll be abroad about 6 months but coming back for vacation for 6 weeks and maintaining my address in US. I'll still have the taxes taking out of my paycheck, because it's an american company but the ship itself will be based in Europe.Do you guys think I would have any problem?

thank you

[LIFE'SJOURNEY 970]

Talk to your HR personell.

[SPSguy 18]

Just an update on the case.

After sending in a question via the cbp.gov site I received a response directing me to call 877-CBP 5511 ( 227-5511 ).

So I called and asked for clarification between the 1 year entry with GC and the new 180 day restriction as it pertains to my intent to

enter the U.S. with my wife and leaving for 10-11 months before returning/re-entering to live in the United States.

The operator stated that the 180 day rule isn't a "fast and hard" rule. It's just designed to prevent LPR from living outside the U.S. more than in.

She added, in my case, upon entering the U.S., my wife will receive a stamp on her I-551, basically validating it for one year. THIS STAMP GIVES MY WIFE 1 FULL YEAR TO ESTABLISH RESIDENCE IN THE UNITED STATES. She can leave and enter at will during the first year because the I 551 allows her to establish residence.

She also recommended that I call USCIS to see if a re-entry permit is needed but she thinks that in my case, there would be no need for a re-entry permit due to the full year window to establish residence.

There you have it folks.

[Boiler 43,399]

The Call Centre Operator reading from a script para phrased the informations on the web site, and added a few wrinkles of their own.