US green card holder: can I leave US for over 6-months but under 1-year?

[Hypnos 6,576]

Ah, your use of "our office" made it sound like you were an attorney or worked for one, hence the source of my confusion.

Then no, your friend was not denied entry. CBP can ask an LPR to voluntarily relinquish their green card, which it sounds as if they did, and she agreed. As I said though, she was entitled to a hearing in front of an immigration judge, and would likely have been paroled into the US pursuant to this.

At the absolute worst, LPRs can be held in detention by CBP until they can have a hearing in front of an immigration judge, but they cannot be flat-out denied entry into the US. They would only usually be detained if their inadmissibility stemmed from a serious crime conviction though; most LPRs would simply be paroled into the US until their immigration court hearing.

Edited July 1, 2015 by Hypnos

[Buckyball 22]

CBP determined her then and there, abandonment of her LPR status and was not allowed entry into JFK. I'm hoping that's clear enough.

It really doesn't matter what the CBP determines, the decision will be made by an immigration judge. And the burden to proof abondonment is pretty high for them.

Whoever runs into this situation at immigration, DON'T sign any form where you vountarily relinquish your GC, no matter what they tell you.

Edited July 1, 2015 by Buckyball

[LiveStrange 0]

I was in Spain for 8 months just visiting family - I hadn't seen them in over 8 years, and I left when I was 14...

I have been in the US since 2005 (with student visas) and I have been a resident since 2010.

I don't think I will have any issues, but this is what I am doing to prove my continuous residency (in case this helps you):

• I live with my sister in GA, so I continued to get ALL of my mail at her house. She changed houses while I was gone, so I even have a USPS change of address confirmation from one US address to the other one during the time I was on my trip.
  
• Talking of USPS... I am sending ALL USPS change of address confirmations that I have. They include info about me living in the US for way over 5 years now.
  
• I am sending the first page of every bank statement since I opened my first bank account, which was in 2008. My statements while I was in Spain continued having a US address and sent to that US address (my sister's house)
  
• I am also sending an official college transcript that shows that I have continued my education in the US even while I was visiting Spain (it is a legit Kansas university, but I am doing the curriculum online.) I may also send the confirmation to my enrollment to the next semester
  
• I am sending Tax Transcripts for the last 5 years
  
• I may also send a copy of my plane ticket. I got a one way ticket for Spain, and a one way ticket to the US. Showing that my last ticket is a one way into the US may help (in my opinion)
  
• I did not work or study in in Spain

[JimmyHou 610]

I'm not a lawyer so I may have misunderstood what I read, but some of the posts above don't seem to be accurate. Reading the INA, an LPR can be found inadmissible for certain reasons outlined (mainly) in Sections 212 and 237 of the INA. Some of these reasons for in admissibility do not require a judicial order. A judicial order would be required to revoke LPR status but not to deny entry in some cases.

For criminal activity, as pointed out above, a standing removal order has to be in place. So the posts above are correct that a judge has to make the ruling. However, an LPR can he held in detention at the point of entry until the ruling is made. As someone mentioned, LPRs sometimes surrender their status in order to be allowed to leave, especially if they think the CBP has a strong case against them.

There are other reasons for which an LPR can be denied entry, however, without a judicial order.

For health reasons (if the LPR) an LPR can be denied entry if there is a risk of having contracted a communicable disease.

Conditional permanent residence can be denied entry if their marriages have ended.

There are several other cases listed in various sections of the INA. Some require a judicial order of removal but some do not. Some are temporary and some are not.

Any thoughts?

Edited July 1, 2015 by JimmyHou

[JimmyHou 610]

I'm not a lawyer so I may have misunderstood what I read, but some of the posts above don't seem to be accurate. Reading the INA, an LPR can be found inadmissible for certain reasons outlined (mainly) in Sections 212 and 237 of the INA. Some of these reasons for in admissibility do not require a judicial order. A judicial order would be required to revoke LPR status but not to deny entry in some cases.

For criminal activity, as pointed out above, a standing removal order has to be in place. So the posts above are correct that a judge has to make the ruling. However, an LPR can he held in detention at the point of entry until the ruling is made. As someone mentioned, LPRs sometimes surrender their status in order to be allowed to leave, especially if they think the CBP has a strong case against them.

There are other reasons for which an LPR can be denied entry, however, without a judicial order.

For health reasons (if the LPR) an LPR can be denied entry if there is a risk of having contracted a communicable disease.

Conditional permanent residence can be denied entry if their marriages have ended.

There are several other cases listed in various sections of the INA. Some require a judicial order of removal but some do not. Some are temporary and some are not.

Any thoughts?

Just to clarify, the reason I ask is because some sections of the law specifically state that they are about noninmigrants but ithers just say "any alien".

[Hypnos 6,576]

Always appreciate your insights on naturalisation particularly.

[Tom_Jim 40]

I'm not a lawyer so I may have misunderstood what I read, but some of the posts above don't seem to be accurate. Reading the INA, an LPR can be found inadmissible for certain reasons outlined (mainly) in Sections 212 and 237 of the INA. Some of these reasons for in admissibility do not require a judicial order. A judicial order would be required to revoke LPR status but not to deny entry in some cases.

For criminal activity, as pointed out above, a standing removal order has to be in place. So the posts above are correct that a judge has to make the ruling. However, an LPR can he held in detention at the point of entry until the ruling is made. As someone mentioned, LPRs sometimes surrender their status in order to be allowed to leave, especially if they think the CBP has a strong case against them.

There are other reasons for which an LPR can be denied entry, however, without a judicial order.

For health reasons (if the LPR) an LPR can be denied entry if there is a risk of having contracted a communicable disease.

Conditional permanent residence can be denied entry if their marriages have ended.

There are several other cases listed in various sections of the INA. Some require a judicial order of removal but some do not. Some are temporary and some are not.

Any thoughts?

Really thorough answer. Thanks.

So yes, one can be denied entry even though one is an LPR.