Anyone refused entry under one year on greencard

[Harpa Timsah 13,258]

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?

They monitor flights so they know when you left. They do have exit controls - the airlines report their flight manifests and exits are recorded that way. Are you trying to come back for a visit only? Because if you apply for ESTA and use the VWP you are effectively abandoning your residence. Is that what you are trying to do? it sounds like you are trying to get in on the VWP and then be a resident again, but that's not how it works.

[mbiyemo 0]

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?

This is relatively simple. Your passport is stamped each time you enter a country, including the US. CBP have only to calculate between your last entry stamp and the date of your current arrival.

[calvinch 3]

Pretty sure a CBP officer isn't going to go through the stamps and sort out what's what. My spouse's passport is practically covered from front to back with stamps and they're illegible at this point.

Doing a bit of research, there appears to be a system called APIS that airlines submit the passenger manifests to upon departure from the US. So even though nobody is stamping passports leaving the country, DHS is still privy to this information. I'm not sure what would happen if somebody drove to Canada or Mexico and flies out that way, but I wouldn't be surprised if those two countries share information with the feds upon entry into their respective countries.

http://britishexpats.com/forum/showthread.php?t=719375

[sweetysheila 0]

Any other updates on actual experience on the POE of LPR outside of USA for less than a year?

What questions does the Immigration officers ask?

https://help.cbp.gov/app/answers/detail/a_id/1191

I read this on this website:

(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).

What inspection are they talking about?

My parents are green card holders and will be out of the USA for 8 months. This is their first time going out of the country. Just want to make sure that everything will be okay once they get back.

Any response will be highly appreciated.

Thanks.

[megansh 1]

@sweetysheila

I just returned to the US after 9 months and 28 days outside. I came prepared (due to other peoples guidance/suggestions on this forum) with my Tax filings since I became a PR (2009-present, including the one that I just filed for last year - 2012), rental lease agreement, car insurance, rental insurance, US bank account & Credit Card details, Social Security Card & current Drivers License and current address.

I landed in LAX and the CBP officer only had 4 questions:

1. How was I today? - I said Good.

2. My final destination? (Colorado)- I said it was snowing in Colorado and I should have worn better footware (I was in flip flops) - the CBP officer laughed.

3. If I had returned to Australia (my home country) for vacation? - I said yes.

4. If my surname on my passport was my maiden name - I said yes. I asked if he wanted to see my marriage certificate to verify my married name/greencard and he said no.

He made no mention of the time I had spent out of the US (I was nervous about this) or anything else. He took my fingerprints, photo and I was through in under 10 mins including waiting in line.

Hope this helps. Id also be interested to see what the "inspection" is as well that you mentioned.

[megansh 1]

@sweetysheila

I just returned to the US after 9 months and 28 days outside. I came prepared (due to other peoples guidance/suggestions on this forum) with my Tax filings since I became a PR (2009-present, including the one that I just filed for last year - 2012), rental lease agreement, car insurance, rental insurance, US bank account & Credit Card details, Social Security Card & current Drivers License and current address.

I landed in LAX and the CBP officer only had 4 questions:

1. How was I today? - I said Good.

2. My final destination? (Colorado)- I said it was snowing in Colorado and I should have worn better footware (I was in flip flops) - the CBP officer laughed.

3. If I had returned to Australia (my home country) for vacation? - I said yes.

4. If my surname on my passport was my maiden name - I said yes. I asked if he wanted to see my marriage certificate to verify my married name/greencard and he said no.

He made no mention of the time I had spent out of the US (I was nervous about this) or anything else. He took my fingerprints, photo and I was through in under 10 mins including waiting in line.

Hope this helps. Id also be interested to see what the "inspection" is as well that you mentioned.

[clscott073 0]

SPSguy,

I know your original post was over 4 years ago so you may have already taken care of this. If not, let me enlighten you on the rights of your spouse in your situation. I am also a contractor for the US and have been stationed in the middle east since 2007 on various projects. I married my wife in 2010 and she became an LPR in 2012. We then had her conditional residency removed and she became a 10 year resident.

The last 2 times I went to the US, we were questioned as to why she was out of the country for 6 and 7 months. The first POE was Houston and the second was Dulles. I explained to them that I am stationed abroad on government orders and showed them my government issued ID card. The CPB officer in Houston let us through and the on at Dulles let us through but stated we needed to apply for a re-entry permit next time. I knew that there had to be something that could be done considering the nature of my work so I talked to a friend of mine who was also working abroad, married a foreign national, and obtained her citizenship while he was abroad.

According to section 319(b) of the INA (Immigration and Nationality Act), the LPR spouse of a US citizen who is regularly stationed abroad under certain contract work is entitled to expedited naturalization. Physical presence and US residency requirements are WAIVED in this case. You don't even have to be in the US to file inder these circumstances. You just need to have at least 1 year left abroad at the time of the naturalization interview, and they usually swear the interviewee in on the spot.

So don't let all of these living room lawyers tell you the law. Your spouse has rights as an LPR. I hope this info helps you, or anyone else out there, who chooses to work abroad and not have your spouse punished for it.

[TBoneTX 43,058]

The OP hasn't logged on to VJ in nearly 2 years, so this old thread is being closed to further comment.