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Port of Entry question after long absence

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If you are out of the US longer than 6 months and the officer thinks you abandon your green card because of the long absence, what can happen at the port of entry ?

Will the port of entry officer

- right away take your green card from you and deny entry and tell you to go back home ?

- or, will they ask you to go to immigration court to determine the status of your green card ? (I have a friend who was told to do this)

- or, what other scenarios ?

Thank you.

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If you are out of the US longer than 6 months and the officer thinks you abandon your green card because of the long absence, what can happen at the port of entry ?

Will the port of entry officer

- right away take your green card from you and deny entry and tell you to go back home ?

- or, will they ask you to go to immigration court to determine the status of your green card ? (I have a friend who was told to do this)

- or, what other scenarios ?

Thank you.

This situation actually happened when my husband and I were going through Atlanta on his first POE. A young woman had left the country for more than 6 months and was told by the Immigration officer that she could be denied entry. He took her documents and asked her alot of questions about where she was and why she left for so long. I don't remember the specifics of the questions because it was 2 years ago, but he actually let her back into the country.


create_maleScene.jpg

USCIS *CR-1 Visa*

2008-07-26 : I-130 Sent

2009-04-02 : Interview at Embassy in Lima, Peru Approved

2009-04-08 : POE Atlanta (256 days from sending I-130)

USCIS *Removal of Conditions*

2011-02-28 : Mailed I-751

2011-03-02 : USPS Delivery Confirmation

2011-03-10 : Check Cashed

2011-03-11 : Touched

2011-03-25 : USCIS confirmed they did not mail NOA 1, given case number

2011-04-05 : Infopass appointment passport stamped with I-551

2011-04-19 : Walk in Biometrics completed (2 weeks early)

2011-05-03 : Biometrics appointment (3 year anniversary)

2011-08-25 : Approved

2011-08-31 : Card in hand (184 days after sending I-751)

*Application for Naturalization*

2012-03-24 : Mailed N-400

2012-03-26 : NOA1

2012-03-29 : Check Cashed

2012-05-14 : Biometrics Appointment

2012-06-04 : Interview Letter

2012-07-09 : Interview in Raleigh, NC (Passed)

2012-07-20 : Oath Ceremony (119 days after sending N-400)

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For absences of more than 6 months, but less than a year:

they may let you in after asking a few questions...

they may send you into secondary inspection for further questioning...

they may tell you that next time your stay out for long, they will take the card, but let you in...

I am not sure if they would actually take the card for an absence of less than one year, I'd think that would require some pretty bad answers on your part :)


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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Thank you everybody for the quick replies.

> but he actually let her back into the country

Peter'n'Jaime, did you mean the officer let her in the US ?

>they may tell you that next time your stay out for long, they will take the card, but let you in...

rika60607, does it mean that they will take your green card at the airport, but let you in to see an immigration judge on a certain date ? This is to determine your status if you can keep your green card or not, right ?

Is that always the case in this kind of situation ?

Will they ever take the green card away from you at the airport and deny entry and tell you to go back home ?

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> but he actually let her back into the country

Peter'n'Jaime, did you mean the officer let her in the US ?

Yes, returned the green card and let her go on her way.


create_maleScene.jpg

USCIS *CR-1 Visa*

2008-07-26 : I-130 Sent

2009-04-02 : Interview at Embassy in Lima, Peru Approved

2009-04-08 : POE Atlanta (256 days from sending I-130)

USCIS *Removal of Conditions*

2011-02-28 : Mailed I-751

2011-03-02 : USPS Delivery Confirmation

2011-03-10 : Check Cashed

2011-03-11 : Touched

2011-03-25 : USCIS confirmed they did not mail NOA 1, given case number

2011-04-05 : Infopass appointment passport stamped with I-551

2011-04-19 : Walk in Biometrics completed (2 weeks early)

2011-05-03 : Biometrics appointment (3 year anniversary)

2011-08-25 : Approved

2011-08-31 : Card in hand (184 days after sending I-751)

*Application for Naturalization*

2012-03-24 : Mailed N-400

2012-03-26 : NOA1

2012-03-29 : Check Cashed

2012-05-14 : Biometrics Appointment

2012-06-04 : Interview Letter

2012-07-09 : Interview in Raleigh, NC (Passed)

2012-07-20 : Oath Ceremony (119 days after sending N-400)

[/center]

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Did you mean the officer returned the green card to her, or she had to return/gave up her green card to the officer ?

The immigration officer was questioning her at the poe in Atlanta, Georgia. He took all of her documents, questioned her, returned the documents, and let her enter the United States. Where she went, I have no clue. In other words he did not make her get back on a plane and return to where ever she came from..

Edited by Peter'n'Jaime

create_maleScene.jpg

USCIS *CR-1 Visa*

2008-07-26 : I-130 Sent

2009-04-02 : Interview at Embassy in Lima, Peru Approved

2009-04-08 : POE Atlanta (256 days from sending I-130)

USCIS *Removal of Conditions*

2011-02-28 : Mailed I-751

2011-03-02 : USPS Delivery Confirmation

2011-03-10 : Check Cashed

2011-03-11 : Touched

2011-03-25 : USCIS confirmed they did not mail NOA 1, given case number

2011-04-05 : Infopass appointment passport stamped with I-551

2011-04-19 : Walk in Biometrics completed (2 weeks early)

2011-05-03 : Biometrics appointment (3 year anniversary)

2011-08-25 : Approved

2011-08-31 : Card in hand (184 days after sending I-751)

*Application for Naturalization*

2012-03-24 : Mailed N-400

2012-03-26 : NOA1

2012-03-29 : Check Cashed

2012-05-14 : Biometrics Appointment

2012-06-04 : Interview Letter

2012-07-09 : Interview in Raleigh, NC (Passed)

2012-07-20 : Oath Ceremony (119 days after sending N-400)

[/center]

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I think the immigration officer can direct one to the immigration judge and let immigration judge make the decision if holder still has right to their GC.

If it was one time incident then more or likely judge will let it go with warning, but if this was a repeat occurrence then judge might ask person to surrender the GC and enter US everytime they want on appropriate visa.

For such person getting a Visa would not be any issue as CO can always see that they had a permanent residence status and they gave that up and moved to another country, which means the potential immigrant risk is very low.

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Up to 6 months absence, unless there's a pattern of long in-and-outs on record, CBP will usually not inquire about the resident's absence. They may ask, but they won't go gagga unless the answer pops up a big red flag.

From 6 months absence on, CBP will usually inquire in order to establish whether or not the resident has abandoned his or her residency. They are usually very tolerant, so if the reason for the absence makes sense to them, nothing happens.

If they are certain that the resident has abandoned his or her residency, and they have to be really certain that they are being played by the resident, one of four things can happen:

1) They tell him if he pulls one more stunt like that, they'll skin him like a cat, but admit him nonetheless, out of "mercy."

2) They scare the sh*t out of him, keep his Green Card and tell him that they will put him right into the next airplane to wherever he came from unless he signs a form admitting that he abandoned his residency. Only then they'll allow him in, but not as a resident anymore, but a visitor.

3) They are fed up with the guy, keep his Green Card, and parole him in with the requirement to have a talk with an immigration judge who will decide his fate.

4) Like # 3, but they won't parole him in, put him into a detention center instead in order to see an immigration judge ASAP.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Thank you, everybody. I appreciate it.

Just Bob,

In cases #2 - #4, if the person is going to apply for a US visa or another green card in the future, how shall he/she answer these questions ?

1. Have you ever been refused admission to the United States at a port-of-entry?

If the answer is "yes" here because of the situation above, will this prevent her from getting the green card again ?

Case #2: No ?

Case #3: ?

Case #4: ?

2. Have you ever been refused a U.S. Visa or withdrawn your application for admission at the point of entry?

If the answer is "yes" here because of the situation above, will this prevent her from getting the green card again ?

Case #2: ?

Case #3: ?

Case #4: ?

3. Have you ever been under immigration proceeding ?

a. Removal

b. Exclusion/Deportation

c. Recission

d. Judicial Proceedings

If the answer is "yes" here because of the situation above, will this prevent her from getting the green card again ?

Case #2: No ?

Case #3: ?

Case #4: ?

4. Has your U.S. Visa ever been cancelled or revoked?

Case #2: ?

Case #3: ?

Case #4: ?

Thank you

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