What is the purpose of the maximum 1 year out of USA limit

[Motherof2American 0]

K1 2004

Green Card 2004

Removal of Conditions 2006

Travel Permits 2011, 2013 (expired 2015)

DS-117 interview 2016 REJECTED

What is the interest in the US in keeping out their citizen's spouse and mother.

US Spouse working abroad since 2014

Pregnant, couldn't apply for another Travel Permit

Consular officer real jerk, didn't look at my evidence, made me cry, refused to talk with my husband (original petitioner.)

Qualifying for Returning Resident Status

Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you:

• Had the status of a lawful permanent resident at the time of departure from the U.S.;
• Departed from the U.S. with the intention of returning and have not abandoned this intention; and
• Are returning to the U.S. from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.

ALL OF THESE ARE TRUE FOR APPLICANT

[Anitafeliz 1,133]

I am assuming its because you are asking for residency that brings along benefits like ability to live and work.

VS a tourist who only visits gets to visit with conditions.

You are suppose to live pay bills contribute to the taxes like other LPR's.

If you could come here work a few years and leave your basically eating the fruit not watering the tree.

At least thats my look on this matter.

You are married to a USC you can always retake legal residency here once he or she applies.

PS you lived here long enough to have been able to become a citizen and never did. Had you done so you could travel at your leisure.

Edited August 5, 2016 by Anitafeliz

[newacct 688]

The issue isn't the 1-year limit, but whether you are maintaining residence in the US. (Even if you were gone for less than one year you can be denied entry if you have not maintained residence in the US.) If your spouse is working abroad long-term, then what ties to the US do you have? I am guessing that part of the reason you were abroad is to be with your spouse who was also abroad. But that proves the point -- since your spouse is abroad long-term, that means you are also abroad long-term, and that is inconsistent with maintaining residence in the US. Your family isn't in the US, so the US isn't really your home now.

Instead of applying for an SB-1 visa, if you still had a valid green card, you could have just gone to the US anyway, and in the worst case they could put you into removal proceedings and you could have argued your case there. But in your case, I think they would also have decided that you abandoned residence.

[Motherof2American 0]

Thank you Anitafeliz!

I did file my US taxes for all years that I was out of the USA.

I can't become a citizen because my country does not allow dual citizenship.

We have important reasons why we were out of the USA for so long (3 years) all due to my husband's health and employment.

I have 2 American Children

Thanks again

[Anitafeliz 1,133]

Unfortuantly thats one of the flaws they have black and white no grey areas.

If they let you they would have to with others who may have different scenarios. They would need a whole department just to adjudicate these scenarios.

And like in all cases there would be people abusing said priviliage.

Which is why (i assume) they have guidelines and stick to it strictly. There are always loop holes a judge could see at his discretion but it would need to go infront of a judge.

Now i am wondering... Does the USA allow people who will never want the citizenship? I thought all immigration was with the intent to one day be a citizen.

You could always have a tourist visa which has different requierements. I have family in DR who come here shop tour go home. They always keep renewed and all is good.

I am sorry your family is going through a difficult time.

I say all the above the nicest possible way

Edited August 5, 2016 by Anitafeliz

[Motherof2American 0]

Thank you newacct, yes I think it might have been easier to just show up in the States with my unexpired GreenCard, husband and two American kids (youngest is 1 yrs old) and see if they refuse my entry, or start removal proceedings, BUT I wanted to do things as per the law, as per Homeland Security etc.

My husband is American, my kids are American, our time abroad is temporary.

Our ties are to the US, financial ties, family ties, social ties. You are correct the US really isn't our home now, but what benefit is it to the US for us to start the whole damn process over again, face time apart as my husband will have to go to the US and get a job and then my kids and I can go there later.

The first Green Card resulted in the Homeland Dept having a 6 inch file and asking me ? s like have you engaged in prostitution, does your husband do drugs?

By starting the process over - what benefit does the US have, besides making our lives miserable? Is that their intent?

A peculiar comparison is Japan which takes in no refugees and few immigrants BUT spouses of Japanese are welcome and Parents of Japanese are very welcome. Husband secured visa in Japan in a single day and without a job because the immigration dept in general and the officer specifically recognize that kids need to be with both parents

[EM_Vandaveer 2,369]

Nothing stops your spouse from petitioning for you again if and when you decide that you actually want to live in the US. The purpose of having a GC is to live in the US.

There are people whose home country does not allow dual citizenship who still often decide to become USCs, anyway. India comes to mind.

Obviously, you have no obligation to do the same, but only USCs can come and go as they please. If you are a LPR you are required to reside in the US.

Edited August 5, 2016 by EM_Vandaveer

[Motherof2American 0]

Thanks for the help folks

but as a way of comparison, consider Canada's requirements of permanent citizens

1. You must be resident in Canada 730 days in each 5 year period

2. You CAN count days abroad as resident in Canada IF you are accompanying a Canadian Citizen spouse.

Under either of these scenarios, I would not lose my LPR

While I appreciate the advice of fellow posters, I fail to see what benefit the US obtains from having such a severe constraint.

[EM_Vandaveer 2,369]

I don't see the point of comparing it to other countries' requirements.

What do we achieve by doing so?

[Motherof2American 0]

You raise a good point, but I am checking and I think Japan's is similar to Canada's.

If I was in charge in the US, I would be concerned if the country's permanent residence requirements are much, much more prohibitive than other G7 nations.

I would be concerned that a rule that has little utility keeps American children (and their descendants) abroad and the associated loss of human resources / taxpayers etc.

I would feel better if I could understand what the USA gains from the restrictions.

[EM_Vandaveer 2,369]

I don't really think it's a big issue for most people.

Once again, GC is for living in the US. There is the option of naturalization, after which one can freely come and go in and out of the US. I was only LPR for about 3 and a half years before I became a USC. Fair enough, I could keep my Hungarian citizenship, but if I had not had that option, I'm pretty sure I still would have chosen to naturalize as this is my home now.

Nobody keeps American children away from the US, least of all immigration laws. They are free to come and go whenever they please. Also, the US is pretty unique in giving automatic citizenship to basically everybody who is born in the country (only exception is children of diplomats), many countries like the UK, for example, do not do this. A child born to non-UK citizens in the UK will not automatically get UK citizenship.

[Motherof2American 0]

It is very good to hear others' perspective. I think for some high earners it may be an issue.

My husband and I have worked in international banking and have paid lots of taxes.

It was said that immigration laws in the US don't keep out US children, but that isn't true.

I won't send my children (Age 9 and 0 )to the US with only their father while I wait 6-12 months for a new GC.

What could he possibly do with the kids while he re-establishes his working career in the States?

So since all of us can't go now, probably none of us will. We will look at other options; Toronto, Canada, Tokyo, Japan.

Presume we go to one of those countries - then US loses:

a. my tax contribution

b. potentially mu kids never go to the US and turn over their US Passports when they come of age to avoid double taxation, draft etc.

c. The amount that my husband pays in tax abroad that he can exclude from his US taxes.

What does the US gain for this risk, that is my question, but I am delighted that there are people out there such as the posters on this board willing to help.

The US granted citizenship to children born there is of no benefit to me, unless you are pointing out differences between countries.

Indeed, I say that a country should look to its own citizens and prioritize them.

Thank you

[Merrytooth 5,748]

Not sure why you are complaining so much. You opted to stay out of US for a long time without obtaining re-entry permit. Your fault, not USA.

If you want to return to US, maybe you could try DIrect Consular Filing like this thread:

http://www.visajourney.com/forums/topic/582051-dcf-tokyo-japan-i-864-question/

[MacUK 983]

It is very good to hear others' perspective. I think for some high earners it may be an issue.

My husband and I have worked in international banking and have paid lots of taxes.

It was said that immigration laws in the US don't keep out US children, but that isn't true.

I won't send my children (Age 9 and 0 )to the US with only their father while I wait 6-12 months for a new GC.

What could he possibly do with the kids while he re-establishes his working career in the States?

So since all of us can't go now, probably none of us will. We will look at other options; Toronto, Canada, Tokyo, Japan.

Presume we go to one of those countries - then US loses:

a. my tax contribution

b. potentially mu kids never go to the US and turn over their US Passports when they come of age to avoid double taxation, draft etc.

c. The amount that my husband pays in tax abroad that he can exclude from his US taxes.

What does the US gain for this risk, that is my question, but I am delighted that there are people out there such as the posters on this board willing to help.

The US granted citizenship to children born there is of no benefit to me, unless you are pointing out differences between countries.

Indeed, I say that a country should look to its own citizens and prioritize them.

Thank you

So basically, you think the rules shouldn't apply to you because you're rich?

And yes, your children can go to the US any time they like, it's your choice not to send them, same as it's your choice to not maintain you PERMANENT residency.

[Anitafeliz 1,133]

There is a reason why the USA is one of the most sought out places to live. We have rule and regulations that if you for the most part stick to them and your golden. You chose to not become a USC....you need to reapply with all set fees paid.

US in not catering to your coming and going at you leisure.

US is not gonna do like Canada the laws we have work (for the people that follow them)

People come here hate everything about the US yet pledge their allegence while moking the laws just cause...

If i could have MY way since apperently this is up for discussion. Once someone abandoned their GC i would make them Lifetime tourist visa member.

USA sb like Canada....good one. You can always move there see if you can run this game on them. And use their soil as a landing strip.

Edited August 6, 2016 by Anitafeliz