
SimranS
-
Posts
94 -
Joined
-
Last visited
Reputation Activity
-
SimranS got a reaction from Mike E in How can I activate my green card again? Urgent!
Boiler is right on this one.
The CBP officers can take your plastic green card away but your status as PR can only be taken away by an immigration judge, if you refuse to sign abandonment papers.
Given the extreme nature of this case (7 year absence) it's almost guaranteed that the IJ would take his status away though. Proving his case would be extremely difficult.
-
SimranS reacted to Used to be broken in Pregnancy during the process is ridiculous
No I am not sick in the head. I saw that OP who seemed offended by the Post had in the past created a post and advised others regarding marriage plans and tickets. Its no different with a child in my mind. The day your child is born is right up there with your wedding in terms of being one of the most important and significant days in your life and one which naturally one desires to have their beloved spouse or fiance in attendance. So doing that in the middle of the VISA process when one is not even sure the potential beneficiary can ever even set foot in the country seems ill advised and risky to use mild terms. You can never get that day back you will have missed it forever and if there is complications and your spouse needs assistance you will not be able to be of assistance. Are there better plans...? Perhaps.
Having seen almost a hundred or so posts over the years of someone who comes on the board and for their first post out of the shoot asks about an expedite because they are preggers is more akin to "trolling" than the original post. And most of the posts sound so arrogant as if they somehow deserve to jump the line ahead of people who have planned their lives a little more cautiously. They want to get senators and congressmen involved etc. etc, and then are shocked when they get a "hey back of the line bub" answer in the forum.
-
SimranS reacted to Obama 2012 in Pregnancy during the process is ridiculous
don't become a burden on society and this would not be an issue. Why in the hell should someone have to pay for someone else's snot-nosed little brat.
-
SimranS got a reaction from VanessaTony in Pregnancy during the process is ridiculous
What if the father isn't able to immigrate because the relationship broke up before that could happen, and the child asks where her father is and wants to see him but can't because he can't travel to the US? Frequent visits by the child to the father's country probably wouldn't be financially practical either, if the mother allowed it at all.
On the other hand if the couple waits until they are both safely settled in one country and then has a child, the child will be able to have both parents in his/her life.
-
SimranS got a reaction from LoveNigarmostyle in How to stop fraud in Fiance/Spouse Visas
What about the spouses and kids of LPRs who have to spend years separated from each other due to the quota system?
-
SimranS got a reaction from ATPEACE in Student visa for spouse of permanent resident who is currently residing outside usa
As the Indian spouse of an LPR, you have virtually zero chance of being granted a student visa.
Simply "visiting the US regularly" also may not be enough for your wife to maintain her GC in the future. In order to keep the GC you have to live in the USA, not just visit. If she works and lives in India she risks losing her GC at any time if she is suspected of abandoning her residence when she reenters the USA. The risk is even greater now that she is married to an Indian citizen living in India, and visits the US by herself.
-
SimranS got a reaction from Brother Hesekiel in Student visa for spouse of permanent resident who is currently residing outside usa
As the Indian spouse of an LPR, you have virtually zero chance of being granted a student visa.
Simply "visiting the US regularly" also may not be enough for your wife to maintain her GC in the future. In order to keep the GC you have to live in the USA, not just visit. If she works and lives in India she risks losing her GC at any time if she is suspected of abandoning her residence when she reenters the USA. The risk is even greater now that she is married to an Indian citizen living in India, and visits the US by herself.
-
SimranS got a reaction from ajigglin in How strict is the requirement to not be out of the U.S. for more than 6 consecutive months?
"When permanent residents return after a trip abroad, it is important for them to understand their rights. The most important of these rights is the right to a hearing before an immigration judge if their permanent resident status is questioned by the immigration inspector.
Most visitors and other nonimmigrants have no right to a hearing, and immigration inspectors have been known to try and encourage permanent residents to sign an abandonment of their green cards instead of requesting such a hearing. Once a person signs an abandonment, their permanent resident status is gone and very difficult (in fact, normally impossible) to recover.
Returning permanent residents, therefore, should be familiar with the rules governing that status as set forth in this paper, and if their entitlement to that status is questioned, they should present the evidence outlined here. If it is not accepted by the immigration inspector, they should politely request a hearing on the question."
http://www.klaskolaw.com/articles.php?action=view&id=51
-
-
SimranS got a reaction from VanessaTony in How strict is the requirement to not be out of the U.S. for more than 6 consecutive months?
If they detain you until the hearing then obviously you're not being paroled in, but if they decide to send you a summon instead then you would be paroled in pending the hearing.
The previous poster said that AFTER signing an abandonment the OP would still be allowed to enter the US as a visitor. This is clearly incorrect because after signing an abandonment you lose your right to a hearing and your LPR status is revoked. Nepal is not Canada nor is it a VWP country, therefore common sense tells us that after losing LPR status there would be no legal basis to admit a Nepali and he would likely be deported on the next plane. If he wanted to reenter as a visitor he could apply for a B2 visa (which may or may not be granted) after reaching Nepal, through the normal application process.
My point was that the OP should exercise his right to appear before a judge, and not agree to sign an abandonment. He should also not be under the false impression that he would still be allowed to enter after signing an abandonment.
-
SimranS got a reaction from Alan-and-Ira in How strict is the requirement to not be out of the U.S. for more than 6 consecutive months?
Whether you actually lose your residency is dependent on several factors, not just your physical length of absence from the USA. You should never agree to sign an abandonment of residency paper if an officer at POE asks you to, because they have to give you a hearing with an immigration judge. The judge will normally look at your ties to the USA versus your ties abroad and determine whether you intended to abandon your residence. Maintaining property and paying taxes is good evidence of ties to the US, as is using a US bank account while abroad, keeping a valid US drivers license, etc. Keep evidence of these things with you when you reenter the USA in case you're asked to show them.
VJ members have reported their experiences in other threads reentering between 6 and 12 months. All reported that they were let in either without any hassle at all or with just a lecture about not being gone for too long. With that being said, there are never any guarantees and it's always safer to never be out of the country for more than 6 months, because an absence of longer than 6 months is usually much more likely to be put under scrutiny. You might be fine at 7.5 months or you might not, it depends more on the mood of the officer that day than anything else.