Jump to content
Sign in to follow this  
minions2

cancelled green card, exit visa query

7 posts in this topic

Recommended Posts

Filed: Other Timeline

So my cousin have been out of the country with no exit visa for 10 months now, if he comes back on the 11th month would they let him come back?

If we ask for exit visa would they ask for valid reason like school? Actually his primary reason is to be with gf

Share this post


Link to post
Share on other sites

The reentry permit needs to be obtained before leaving the USA.

Does your cousin still have a green card or did he voluntarily give it up?

If he still has a valid green card he can try to enter, but that does not mean the CBP will allow him to enter.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

CBP can not refuse him entry. They can detain him orarole him in. IJ makes the call ultimately.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ireland
Timeline

How long was he in the USA before he left for the 10 months?

Does he have any proof he still "lives" in the US- lease to home, bills, valid drivers license etc?


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Egypt
Timeline

So my cousin have been out of the country with no exit visa for 10 months now, if he comes back on the 11th month would they let him come back?

If we ask for exit visa would they ask for valid reason like school? Actually his primary reason is to be with gf

See this document: http://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

I find this a little confusing because the first page says:

A lawful permanent resident (LPR) normally may travel outside the United States and return; however, there are some limitations. A reentry permit can help prevent two types of problems:

Your Permanent Resident Card becomes technically invalid for reentry into the United States if you are absent from the United States for 1 year or more.

Your U.S. permanent residence may be considered as abandoned for absences shorter than 1 year if you take up residence in another country.

The second point makes it sound like you could have a problem unless you can show that you didn't intend to reside in Australia. However, the second page says:

You do not need a reentry permit if you will be outside the United States for less than 1 year. If you have been outside the United States for less than 1 year, you may use your Permanent Resident Card (Form I-551) as your travel document.

Which makes it sound like you won't have any trouble at all. I know several people who were out of the US for between 6 months and a year and didn't have trouble coming back. However, it may be trickier if you can't demonstrate (if asked) that you didn't abandon your status... did you maintain a residence, own a car or a house, pay bills, have a spouse or children here, etc? If you had just got your green card, spent a month in the US and then left for 10 months, that might be trickier.

I noticed you were asking about your cousin... sorry, I addressed everything to "you" instead of "him"


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

Share this post


Link to post
Share on other sites

So my cousin have been out of the country with no exit visa for 10 months now, if he comes back on the 11th month would they let him come back?

If we ask for exit visa would they ask for valid reason like school? Actually his primary reason is to be with gf

First, there is no exit visa from the US. You leave. If you are a USC nothing to indicate this. IF you are a GC holder, there is nothing to indicate this. IF you were no a tourist or other type of visa or used the VWP, your I-94 will be updated with your departure information.

You cousin has less than 2 months to enter the US. He should expect to be questioned at length as to the reason for his long absence from the US and whether he maintanined his residency status. Chances are good that he will be allowed to re-enter and I am sure some notation will be placed into his passport. Should he leave shortly after arriving, the next time he MAY find himself in front of an IJ fighting to keep his GC.

Should he go over the 1 year mark, his chancs of gaining re-entry to the US goes down dramatically and the burden of proving that he did not abandon his LPR status shifts to him.

Good luck,

Dave

Share this post


Link to post
Share on other sites
Filed: Other Timeline

he still has his GC.. he had several jobs here but unfortunately did not last. his car was repo since he lost job.. he went back home for his girlfriend.

i read from different forums that you're still good if you are less than 1 year but won't be able to come back after that if you don't have the re entry permit..

i just don't understand him, just for a girl would ruined his relationship to his family and possibly his future... well, he is an adult and i already warned him.. all of our family were here.. btw, our family is against there relationship. i told him he should come back here and get a job then petition her. but he said he can't stand a day without her.. hopefully he won't regret his decision...

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...