Anyone refused entry under one year on greencard

[SPSguy 18]

It was not information.

It was opinion.

Well, that's because you overlooked the part that was information. Let's go over again, shall we?

my friend will be entering in a week after being absent for one year to be with her husband who works overseas. She will be entering with her daughter who has registered as a student in the U.S.

THIS PART IS INFORMATION. FACT.

I don't think she will face any trouble from IOs for the simple fact that she will have her daughter with her. The daughter is a US citizen and was a registered student in the US. Her husband still works overseas.

I think anyone that will be entering with their USC spouse or child will be okay under one year.

THIS PART IS OPINIOIN.

Will keep everyone posted next week.

THIS PART IS FACT.

[Boiler 43,429]

The bit that matters is opinion.

[SPSguy 18]

The bit that matters is opinion.

You are definately entitled to your opinion but I would say an actual case study is as real as it gets.

[honeybeme 0]

my friend will be entering in a week after being absent for one year to be with her husband who works overseas. She will be entering with her daughter who has registered as a student in the U.S.

I don't think she will face any trouble from IOs for the simple fact that she will have her daughter with her. The daughter is a US citizen and was a registered student in the US. Her husband still works overseas.

I think anyone that will be entering with their USC spouse or child will be okay under one year.

Will keep everyone posted next week.

Hi..I wanna know if your friend got back ok, I mean u said she's out of the country for 12 mos. and she's holding a green card right?

Im just curious because my husband is going to work overseas too and I maybe out of the country for several months. I have a 3yrs old son and he is USC also, and im holding a green card too..

Thanks, I appreciate for the reply.

[SPSguy 18]

Hi..I wanna know if your friend got back ok, I mean u said she's out of the country for 12 mos. and she's holding a green card right?

Im just curious because my husband is going to work overseas too and I maybe out of the country for several months. I have a 3yrs old son and he is USC also, and im holding a green card too..

Thanks, I appreciate for the reply.

I JUST SPOKE TO MY FREIND'S HUSBAND. He's confirmed that his wife and daughter had no trouble getting through POE. She was out 12 months.

No re entry permit was needed. All the IO did was ask how long she was out and what she did while out of USA.

Simple enough.

[VanessaTony 3,567]

I JUST SPOKE TO MY FREIND'S HUSBAND. He's confirmed that his wife and daughter had no trouble getting through POE. She was out 12 months.

No re entry permit was needed. All the IO did was ask how long she was out and what she did while out of USA.

Simple enough.

Please advise EXACT length of time out. Was it 362 days? 384 days? Day count is more precise than month count.

Basically it's CBP discretion whether they think she abandoned her status. If living overseas for military stuff, it can sometimes be considered "US soil" and therefore no abandonement of status. There could be a few other mitigating factors, heresay is hard to work with.

Thanks in advance for answering my question.

[SPSguy 18]

Please advise EXACT length of time out. Was it 362 days? 384 days? Day count is more precise than month count.

Basically it's CBP discretion whether they think she abandoned her status. If living overseas for military stuff, it can sometimes be considered "US soil" and therefore no abandonement of status. There could be a few other mitigating factors, heresay is hard to work with.

Thanks in advance for answering my question.

It was 11 months 28 days. This was not military related. Her husband has a business overseas.

[SPSguy 18]

It was 11 months 28 days. This was not military related. Her husband has a business overseas.

I could be wrong but I think the "subject to additional inspection" over 6 month rule might apply more to people in high risk/high fraud countries, or those with certain last names that could pose a threat to this country. Just as some U.S. consulates must conduct added administrative processing in certain countries prior to issuing visas.

[SPSguy 18]

I could be wrong but I think the "subject to additional inspection" over 6 month rule might apply more to people in high risk/high fraud countries, or those with certain last names that could pose a threat to this country. Just as some U.S. consulates must conduct added administrative processing in certain countries prior to issuing visas.

Another freind of mine, an expat, just entered the US last Friday night after spending 11 months overseas working.

No problem whatsoever.

[Brother Hesekiel 2,235]

The reentry permit is needed on day 366.

[SPSguy 18]

The reentry permit is needed on day 366.

I think everyone here knows this bit of info. What we would all like to know is when and under what conditions will the reentry permit be needed if under day 365. There are myths, ghosts, gobblins, heresays, and then there's the reality.

[rocky_west 0]

This posting seems dormant, but I'm leaving comment here just to leave a record for anyone interested:

We were in similar situation as OP. My mother got a green card thru me (I'm a naturalized citizen), and she entered the US but stayed only 1 week then had to go back to Korea. About 7 months later, she entered the US again. No problem. She stayed about 3 months, then again she had to go back to Korea (Aug 3, 2011). We were planning to have her come back here, but due to family schedules and such, the earliest possible date was Jul 31, 2012. So, she stayed overseas for 363 days and was trying to return without Re-entry permit. I was a little nervous about this. I was worried that the immigration officer might give her a hard time, because she didn't, according to the record, try to establish her residency since she got green card, and was overseas almost 365 days. I searched Google. This posting was probably the only one that was relevant. Thanks, OP, for opening this thread.

Anyway, for anyone who's interested---

My mother didn't have any problem at the airport. The office just stamped the passport, without asking anything. That was it. That was Chicago O'Hare.

[SPSguy 18]

Hello Everyone,

I have not logged on VJ in over a year.

Here's an update... hopefully can be useful for others in similar situations.

Since June 2010, my wife was able to re enter the U.S. without any problem whatsoever. We had to use our re-entry permit only one time where we stayed 15 months in Cambodia. Never had secondary questioning. Never a moment of disrespect by the IOs. Since Nov. 2011 to now..August 3, 2012, my wife had re entered twice. In 11/2011 we came home for the Thanksgiving Holiday because my wife was 6 months pregnant. No issue. No problem. Our son was born in 02/2012 and we applied and received a U.S. passport for him in 10 days. He was 2 months old when we left again to Cambodia to complete our work project. We stayed in Cambodia for 2.5 months and have now re-entered the U.S. Home sweet home.

**** SPECIAL ALERT ******

During this process, we also learned that a RE-ENTRY permit can preserve up to 1 year of permanent residence. This means if a GC spouse is outside of the U.S. for 16 months, the first 12 months will not count against the 3 year residency requirement for U.S. citizenship. Currently a GC spouse must maintain at least 3 yr. residency requirement of which only 18 months must be physically present in the U.S.

Hope this helps.

[SPSguy 18]

OH one more point.

When we entered the U.S. last month my wife and I also brought my Mother in Law to visit us on a tourist visa. She lined up with us in the U.S. citizen line.

[calvinch 3]

We're in similar situation ourselves, except my spouse has been abroad for over two years. In the meantime we continue to file US and State income taxes, maintain bank accounts and credit cards, etc the whole nine yards. Since she's a national of a visa waiver country, we'll probably just apply for an ESTA and hope we won't be asked about her green card.

I'm curious as to how immigration knows how long people have been abroad, as the US doesn't have exit controls. They might track flights out of the US, but people can always drive to Canada and fly from there.

Hypothetically, if we just turned up and said we've only left the country for two weeks, how would they know?