Permanent Residency and Traveling Abroad: Please Advise

[akatagirl 0]

Hello VJ members,

I am wondering if those of you who are knowledgeable about permanent residency cards and traveling abroad with your hubbies can share your Point of Entry experiences with me.

The reason why I ask is because I my husband arrived for the first time last year in March 2007 and then left the USA in July 10, 2007. (A really good job opportunity came up overseas that we both felt was too good to pass up, but we were worried about maintaining his residency and thought that the one year rule made him "safe" from being questioned upon re-entry back into the states). He then returned to the USA with me December 31, 2007 which was just 21 days over the 6 month gap that is I hear is really the "allowable permissable" time to travel outside the USA for permanent residents.

Upon point of entry on December 31, 2007 the immigration officer gave us a harsh warning that he really shouldn't be traveling outside the USA for long periods of time. I then asked about the one year rule of having to obtain a re-entry permit which is all i have read about from all the government sites and then immigration officer, says it doesnt matter..so we were left worried about the next time my hubby has to re-enter in April....

My husband left again to finish up his contract overseas on January 10, 2008 and will return to USA hopefully for good at the end of April which will put him at being out of the USA for 4.5 months. Below I have cut and paste all the rules regarding my situations but any input, or anyone who can share their experiences with traveling abroad and point of entry would help my hubby and I have a better idea what to expect when he comes back in April.

Here is information taken from the USCIS website:

International Travel

A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

THANK YOU ALL FOR YOUR INPUT!!!!!

[Boiler 45,551]

Here is information taken from the USCIS website:

International Travel

A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year. * Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

THANK YOU ALL FOR YOUR INPUT!!!!!

Sounds like he was lucky, was he working for a US company who sent him out of the country?

You will not get a definitive answer, there is not one. Best advice would be to discuss your situation with an Immigration attorney familiar with abandonment issues, very few are.

[akatagirl 0]

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Sounds like he was lucky, was he working for a US company who sent him out of the country?

You will not get a definitive answer, there is not one. Best advice would be to discuss your situation with an Immigration attorney familiar with abandonment issues, very few are.

No, he was not working for a US company...thank you for your response..

[john_and_marlene 162]

How does he answer the Immigration Officer when asked what the purpose of his trip was?

The problem is that he is working and residing somewhere else. His trips are not for short visits or vacations. He is working and residing in a different country. They have the option of considering this as abandonment of his US residency.

[akatagirl 0]

How does he answer the Immigration Officer when asked what the purpose of his trip was?

The problem is that he is working and residing somewhere else. His trips are not for short visits or vacations. He is working and residing in a different country. They have the option of considering this as abandonment of his US residency.

Thats a good point you make..When he last entered the US, he first consulted with the American embassy in the country he was residing and was strongly advised not to say that he was working abroad but rather to say that he was travelling abroad and decided to wait for me to join him( which is what I did). So that is what he told the immigration officer in December....We are worried at what he will say this next time around in April... This probably does not matter to the immigration officers is beside the point of proving/disproving abandonement but we have always reported his income since 2006 prior to his cr-1 approval and even filed his foreign income this year's taxes.

[john_and_marlene 162]

How does he answer the Immigration Officer when asked what the purpose of his trip was?

The problem is that he is working and residing somewhere else. His trips are not for short visits or vacations. He is working and residing in a different country. They have the option of considering this as abandonment of his US residency.

Thats a good point you make..When he last entered the US, he first consulted with the American embassy in the country he was residing and was strongly advised not to say that he was working abroad but rather to say that he was travelling abroad and decided to wait for me to join him( which is what I did). So that is what he told the immigration officer in December....We are worried at what he will say this next time around in April... This probably does not matter to the immigration officers is beside the point of proving/disproving abandonement but we have always reported his income since 2006 prior to his cr-1 approval and even filed his foreign income this year's taxes.

The embassy told him to lie about the purpose of his travel??????? What type of person did he get this advice from? Certainly not someone in any official capacity. Now you have an additional problem--material misrepresentation. I wish you well, but with a second extended absence and a lie to gain reentry, I would think the difficulties are only beginning.

[akatagirl 0]

The embassy told him to lie about the purpose of his travel??????? What type of person did he get this advice from? Certainly not someone in any official capacity. Now you have an additional problem--material misrepresentation. I wish you well, but with a second extended absence and a lie to gain reentry, I would think the difficulties are only beginning.

Material misrepresentation? Could you clarify exactly what you mean by this?

Yes it was an official who told him to say this...I was surprised when my hubby was told to say this but it got him through this last time so I guess that official knew what he was talking about.

[Lansbury 19]

His problem as with all immigration at POE in any country is how the immigration officer dealing with his "request" to entry the country interprets the rules in the circumstances he is dealing with.

The problem has been compounded by him being out of the US in questionable circumstances once and being untruthful to the immigration officer about the purpose of that trip to get back in. If the immigration officer this time around examines his passport he will see stamps for two extended trips to the same country in a short period of time.

The best advice has already been given. Seek advice from an immigration lawyer who knows about abandonment of resident status.

[john_and_marlene 162]

The embassy told him to lie about the purpose of his travel??????? What type of person did he get this advice from? Certainly not someone in any official capacity. Now you have an additional problem--material misrepresentation. I wish you well, but with a second extended absence and a lie to gain reentry, I would think the difficulties are only beginning.

Material misrepresentation? Could you clarify exactly what you mean by this?

Yes it was an official who told him to say this...I was surprised when my hubby was told to say this but it got him through this last time so I guess that official knew what he was talking about.

The intentional concealment, distortion or fabrication of facts to obtain a benefit that would have been denied had the truth been known.

[john_and_marlene 162]

You should really read this link:

http://www.immilaw.com/Newsletters/2007%20...d%20Waivers.htm

A Lie Can Exclude You From the United States Forever

[akatagirl 0]

You should really read this link:

http://www.immilaw.com/Newsletters/2007%20...d%20Waivers.htm

A Lie Can Exclude You From the United States Forever

Thank you all for your responses...John_and_Marlene, thanks for the link but I do not think reading the link provided will really help me get through this situation we are in right now...I have a pretty good idea of the implications of lying and do not need to read on literature that will make me feel even worse than I feel now... it is evident what you take is on my situation, so please kindly refrain from any further responses to this topic.

[john_and_marlene 162]

It is not my intention to make you feel bad. It is very much my intention to make clear the severity of the situation for 2 reasons: 1) so that you might take measures to prepare yourself and 2) To make it known to others the seriousness of the possible consequences if they take similar actions.

If you had read the link, you would know it provides possible remedies.

[Boiler 45,551]

You should really read this link:

http://www.immilaw.com/Newsletters/2007%20...d%20Waivers.htm

A Lie Can Exclude You From the United States Forever

Thank you all for your responses...John_and_Marlene, thanks for the link but I do not think reading the link provided will really help me get through this situation we are in right now...I have a pretty good idea of the implications of lying and do not need to read on literature that will make me feel even worse than I feel now... it is evident what you take is on my situation, so please kindly refrain from any further responses to this topic.

If you knew the implications, what is the point of this thread?

I just do not believe that he was told by US Officials to lie to the POE.

But even if we accept that, and you could prove it, it makes no difference, the Supreme Court have said so.

[akatagirl 0]

If you knew the implications, what is the point of this thread?

I just do not believe that he was told by US Officials to lie to the POE.

But even if we accept that, and you could prove it, it makes no difference, the Supreme Court have said so.

These posts from other members are no longer helpful, but more so judgmental and just plain condescending... Can we lock this post?

[Boiler 45,551]

If you knew the implications, what is the point of this thread?

I just do not believe that he was told by US Officials to lie to the POE.

But even if we accept that, and you could prove it, it makes no difference, the Supreme Court have said so.

These posts from other members are no longer helpful, but more so judgmental and just plain condescending... Can we lock this post?

1. A question.

2. You stated that you were told by a US Official to lie, you also stated you understood the issues in doing so, and still did it.

3. The thread can be helpful for others whom are contemplating a similar route. Judgement, well that's the nature of public forums, they are not for everybody, you have been told that this is an Attorney issue, many people prefer the confidental nature of such a relationship.

4. Condescending - mirror time.