Re-entry after having stayed abroad for over 6 mo's+dilemma

[ElleGee 0]

Hi all,

Before I pose my dilemma, allow me to introduce myself+ my situation; I was born in Israel, but spent 7 yrs in the US. When I was 16, my parents brought me bk to Israel. When I was about 17, I developed a medical problem (more details will be given if needed). As you may/may not know, Israel has a civil service requirement, which I served from ages 18.5-19.5(though I was given an “easier service” due to my medical situation). From that time, I have applied and gotten accepted to a college in the US, but due to my medical situation, had to defer my admission continuously.

I am now 23 and off medications for the first time; consequently, my d”rs have given me the green light to go to the states(and live on my own). My problems are these:

a. I have been outside the US for 10+ mo’s consecutively.

b. From the age of 16, my parents(+I) had been making entries around every 6 mo’s-which recently resulted in my father given a stern warning @ the POE, eventually causing him to voluntarily return the GC in a US embassy here in Israel.

Now, I want more than anything to go bk to, and live in the States. However, I know that when I enter I will at least be given a stern warning, like my father did, and at worst, have to surrender my GC @ port of entry/await court proceedings (my dad was able to convince them to allow him one last entry). Given that, what do you think I should do? Does anyone have experience w/ that? What do you believe the chances are of me having to surrender my GC then + there?

All help is appreciated,

Thanks

P.S. I have all needed paper doc's to back up my claims

[Hypnos 6,579]

After being out of the country for over six months, you may need to show CBP proof that you have maintained your residency before they will permit you to re-enter. What proof do you have to show them? Have you filed US federal income taxes? Maintained a US bank account? Have an apartment that you own or lease? No one can say for sure whether or not CBP will ask for these things; the CBP officer you get may just wave you through and that's that. You really won't know until you attempt to enter.

Either way, since you don't say you have a re-entry permit then you only have up to the one year point to attempt entry. After that, your residency is deemed abandoned and your green card would be invalidated. If it's already been twelve months since you were last in the US then you're out of luck.

Edited January 3, 2014 by Hypnos

[aleful 1,905]

hi

if you've been less than 1 year out of the country, you haven't lost your GC, but be ready to bring evidence at POE and reasons why you had to stay out of the country for so long, evidence of your illness, letters from doctors giving you the OK to fly back.

and as said, you won't know until you go through customs and the officer will make that decision.

[belinda63 3,053]

Looks like from what you say you haven't been in the US for more than six years. If this is correct your green card has been considered abandoned and I don't t think you will make it past the airport.

[kzielu 1,154]

P.S. I have all needed paper doc's to back up my claims

If you stayed out of US since you were 16, you do not have a green card anymore.

[ElleGee 0]

I didn't stay out for all of that time, consecutively. I visited w/ my family every 6 mos(not ideal, I know, but my d"rs wouldn't allow me to live alone-w/out their supervision). The last time I was in the US was 10 mo's ago, as is stated in my post(and I enetered w/ my family, w/ the greencard)

If you stayed out of US since you were 16, you do not have a green card anymore.

[ElleGee 0]

proof of taxes filed? check

proof of apt leased? check

proof I am enrolled at a US university? check

proof I was detained outside the US for medical reasons? check

I have all of the aboce and more. However, my father said that when he was given the 'warning'/'ultimatum'(IE surrender GC now, or enter and face court proceedings), they weren't interested in going thru the above docs. Eventually, he was granted one last entry, and he decided to voluntarily abandon his GC outside the US. My question is this: What if they don't grant me one last entry? Could they force me to decide among abandoning GC on spot vs. facing court proceeding? Does anyone know of similar experiences? What were the outcomes(GC revoked or not)?

Also, when I enter the US, it will def. be under one year, so no worries about that.

Thanks

After being out of the country for over six months, you may need to show CBP proof that you have maintained your residency before they will permit you to re-enter. What proof do you have to show them? Have you filed US federal income taxes? Maintained a US bank account? Have an apartment that you own or lease? No one can say for sure whether or not CBP will ask for these things; the CBP officer you get may just wave you through and that's that. You really won't know until you attempt to enter.

Either way, since you don't say you have a re-entry permit then you only have up to the one year point to attempt entry. After that, your residency is deemed abandoned and your green card would be invalidated. If it's already been twelve months since you were last in the US then you're out of luck.

[Hypnos 6,579]

The worst they can do is issue you a Notice To Appear in Immigration Court, where you will have a hearing in front of an immigration judge who will decide if you have abandoned your residency.

I don't know if you will be kept in custody by CBP or ICE until your hearing, or whether you'd be released on your own recognisance.

[ElleGee 0]

If I am given notice to appear in immigration court, what do you believe are my chances? Know of any similar cases?

The worst they can do is issue you a Notice To Appear in Immigration Court, where you will have a hearing in front of an immigration judge who will decide if you have abandoned your residency.

I don't know if you will be kept in custody by CBP or ICE until your hearing, or whether you'd be released on your own recognisance.

Edited January 4, 2014 by ElleGee

[Hypnos 6,579]

IANAL, I wouldn't care to speculate on something like that. You could try asking a lawyer for free at http://www.avvo.com or have a consultation with an immigration attorney yourself and see what they think. Honestly, what anyone tells you, even a lawyer, is just going to be a guess; you aren't going to know for certain until you attempt entry on that day and see what the CBP officer says when you try to go through.

[ElleGee 0]

I'm aware that it's a risk. I'm just wondering if it's worth it. I definitely have every intention of moving to the US, but what if I lose in court, though?

IANAL, I wouldn't care to speculate on something like that. You could try asking a lawyer for free at http://www.avvo.com or have a consultation with an immigration attorney yourself and see what they think. Honestly, what anyone tells you, even a lawyer, is just going to be a guess; you aren't going to know for certain until you attempt entry on that day and see what the CBP officer says when you try to go through.

[Darnell 8,479]

your residency was based on your parents residency, prior.

Now that you are a legal adult, you would have to show that you've maintained residency via the continuous maintenance of usa domicile.

be prepared to show all that at the airport/poe, with the concept that none of the cbp staff (repeat for emphasis - NONE OF THE CBP staff) will review and give clear passage. Most likely you'll be ordered to an immigration court hearing,

and it's the immigration court hearing where you will present EVERYTHING that you've mentioned here, and a decision will be made.

I think chances are slim, as your green card was granted from holding a derivative visa, and the primary green card holder has abandoned status.

Still, you should do what you think is best.

[Hypnos 6,579]

One thing is certain: if you don't enter within one calendar year of departing then your green card will be considered automatically abandoned.

[hmh33 117]

The worst they can do is issue you a Notice To Appear in Immigration Court, where you will have a hearing in front of an immigration judge who will decide if you have abandoned your residency.

This is true, but they could also use intimidation to try to persuade ElleGee to 'voluntarily' abandon her permanent residency, as they apparently did to her father. If they do, don't let them! Demand your hearing in front of an immigration judge.

In my entirely unqualified and unprofessional opinion, if it came to a hearing in immigration court you would have an extremely good case. *then* you would have the opportunity to present the evidence that you mentioned. Of course it would be wise to have experienced legal representation, but I really think it's extremely likely that you would win.

I *also* think that it's extremely unlikely that it would ever come to that - much more likely that you will simply be able to enter without problems. Make it clear to the CBP that you live in the US and are returning home after an extended trip abroad.

What is certainly true is that if you let the 12 months expire, everything will become vastly more difficult.

[ElleGee 0]

What makes you say that none of the CPB will review and give clear passage? Do you have experience with the issue? If so, pls do tell.

From my convo's about the court option w/ lawyers- the topic of what my parents did w/ their GC's is irrelevant to the case- I got it when I was a minor, but now I am no longer one.

your residency was based on your parents residency, prior.

Now that you are a legal adult, you would have to show that you've maintained residency via the continuous maintenance of usa domicile.

be prepared to show all that at the airport/poe, with the concept that none of the cbp staff (repeat for emphasis - NONE OF THE CBP staff) will review and give clear passage. Most likely you'll be ordered to an immigration court hearing,

and it's the immigration court hearing where you will present EVERYTHING that you've mentioned here, and a decision will be made.

I think chances are slim, as your green card was granted from holding a derivative visa, and the primary green card holder has abandoned status.

Still, you should do what you think is best.