10yr Green card holder safe to travel

[Jack and Maria 0]

Hi All ,

Are any 10yr green card holders having problems returning to States ? My wife is from Guatemala and we have traveled several times since marries in last 5 yrs but not since Trump took over since we had a daughter who is now 20 months. We were thinking to travel late this year to her country to see family but I'm concerned on our return.

 

Let me know your thoughts

Thanks much

Jack

[sirvang 18]

You'll be fine. My wife (LPR) and I just got back from Laos without any issue.

 

Our experience at (POE: San Francisco) was quick. 

My wife and I went to the US Citizen line. The CBP Officer look at both our Passport and ask to see my wife GC.

Than he says "Welcome Back" and we went on our way.

Edited March 1, 2019 by sirvang

[millefleur 5,035]

**Moved from US Immigration News and Discussion to Working & Traveling During US Immigration**

[SalishSea 16,747]

1 hour ago, Jack and Maria said:

Hi All ,

Are any 10yr green card holders having problems returning to States ? My wife is from Guatemala and we have traveled several times since marries in last 5 yrs but not since Trump took over since we had a daughter who is now 20 months. We were thinking to travel late this year to her country to see family but I'm concerned on our return.

 

Let me know your thoughts

Thanks much

Jack

I believe there may be a need for a waiver or re-entry permit if your wife has been away for several years, as LPRs are required to have a certain presence in the US to maintain status.  I bet @geowrian or @SusieQQQ can elaborate.

[Georgia16 2,858]

Why??

 

Do you think he ordered all LEGAL immigrants to be kept out of the country????

 

I'm SO tired of people blaming Trump for everything or won't do stuff because of him. I'm sure it's his fault it's raining outside also!

 

He is against ILLEGAL immigrants, not LEGAL immigrants. And since your wife is a legal immigrant and has a GC then you will have no issues.

[Jack and Maria 0]

Just to be clear this is for vacation so traveling out of states and then back in. For me thought I would ask before we start making plans, yes I know that it would be rare but more people are being deported for minimal things she has no record but there has been many ICe events in the news even with card holders. I don't one to be one of the ones in the news and family separated is all.

[SalishSea 16,747]

6 minutes ago, Jack and Maria said:

Just to be clear this is for vacation so traveling out of states and then back in. For me thought I would ask before we start making plans, yes I know that it would be rare but more people are being deported for minimal things she has no record but there has been many ICe events in the news even with card holders. I don't one to be one of the ones in the news and family separated is all.

Oh!  I thought you meant she had been out of the US for awhile, and was concerned about returning.  Should be fine!

[geowrian 22,335]

1 hour ago, Jorgedig said:

I believe there may be a need for a waiver or re-entry permit if your wife has been away for several years, as LPRs are required to have a certain presence in the US to maintain status.  I bet @geowrian or @SusieQQQ can elaborate.

The OP's case appears to be fine.

 

For reference, if somebody is outside the US too long then they may have abandoned permanent residency. If abroad over 1 continuous year then there is a presumption of having done so. Trips shorter than 1 year can still raise this concern, but typically one is warned by CBP first.

The options at that point would be:

1. Try to return on the existing card.
   1. CBP may:
      1. Admit you -> no issue (other than continuous residence being broken for naturalization purposes, requiring a longer wait to qualify).
      2. Parole you (with or without detainment) and refer the case to an immigration judge to make a final decision if LPR status was abandoned.
      3. Provide the option to voluntarily and formally abandon LPR status. One has no obligation to agree to this, but sometimes may be a viable option for visa-less travelers (i.e. Canadians and VWP citizens) since they could then be admitted as a visitor, assuming CBP determines them eligible for rentry.
   2. Much of this will depend on what ties you have maintained in the US while abroad, how long you've been abroad, etc.
2. Attempt to obtain an SB-1 visa. This is difficult, and generally requires both a reason for being unable to return sooner and being otherwise eligible for an immigrant visa still (i.e. having a USC spouse or age 21+ child).
3. File an I-407 abroad to abandon LPR status, then either travel as a visitor (applying for a visa if necessary) or get re-petitioned for an immigrant visa.

[H-M 169]

On 3/1/2019 at 4:22 PM, Jack and Maria said:

Just to be clear this is for vacation so traveling out of states and then back in. For me thought I would ask before we start making plans, yes I know that it would be rare but more people are being deported for minimal things she has no record but there has been many ICe events in the news even with card holders. I don't one to be one of the ones in the news and family separated is all.

In my opinion, she should be fine with her 10yr GC.

She can also consider signing up for Global Entry. Having this is a more convenient & hassle-free experience at immigration when coming back and TSA Precheck is also included with it.

https://www.cbp.gov/travel/trusted-traveler-programs/global-entry

Edited March 3, 2019 by H-M

[SusieQQQ 11,584]

On 3/1/2019 at 1:16 PM, Georgia16 said:

Why??

 

Do you think he ordered all LEGAL immigrants to be kept out of the country????

 

I'm SO tired of people blaming Trump for everything or won't do stuff because of him. I'm sure it's his fault it's raining outside also!

 

He is against ILLEGAL immigrants, not LEGAL immigrants. And since your wife is a legal immigrant and has a GC then you will have no issues.

To be fair, there were also green card holders being turned back at some PoEs in the early days of the travel ban. So the nervousness is not totally irrational.  That said, all the confusion over who is and isn’t allowed in has been sorted out now. OP, you guys will be fine.

[Just Paul 4,591]

Travel on a 10yr green card is fine.   My wife got global entry too and it does speed up the processes.   You would need one for your child too.   

 

Otherwise like others have said use the USC line and hand her green card in with her passport.   

 

If she wants no issues she should get her citizenship done.

[Mike E 11,722]

As a ten year GC holder under Trump, I flew about a half dozen times out of the USA, spending a total of several months outside before my oath ceremony.   It was inconvenient to have to wait 12 days for my USA passport before I could travel again.  First world problems.  

 

As to the assertion that Trump (as much as I love the guy) never blocked green card holders from returning to the USA, that’s false of course.  When the initial ban on visitors from certain countries came out, green card holders from Iran etc were banned. That lasted for a few days and was rescinded.  

[JohnE 57]

The only people that are guaranteed entry back into the United States are United States citizens...all others can be denied entry.  That sounds strong but that is what I understand and that is just my two cents worth so please do not jump me!

 

  With that said my wife just received her US citizenship a month ago and now holds a US passport.  We travel to Mexico City (Mexico is not one of Trump's favorite countries!) at least twice a year and had zero issues flying back into the US.  That includes as recently as a few months ago.  She has never been out of the US for more than 18 days in a given year.  Normally each trip is less than 8 days total.  Of course every case is different but unless you have red flags you normally should be fine.  

 

  On a side note why don't you file for citizenship and completely remove any doubt of reentry worries.  Plus there are tons of benefits of being a US citizen not to mention never having to deal with USCIS again plus you can stay out of the country as long as you wish with no worries.  

 

May God bless your family

 

   

[Giovanna024 442]

Hello All, 

 

I have a doubt, I am a 10year GC holder and I will be traveling to Canada twice a month only weekends, my concern is not to get to 6 months limit and have been questioning next year when I apply for my citizenship next year.

Do I have to count the weekends and days and calculate not to exceed 6 months outside of US?

I dont know how all that works and if all this travel will affect when I apply for naturalization.