P/R card taken away by P.O.E Officers..

[nigel 7]

Hi Guys..

My usc Wifes step brother who had a P/R card and got it via the IR/1 visa file.. back 4/5 yrs ago...he stayed here living working for 3 yrs then went back to the uk .stayed there for 11 mths then came back to the us under his P/R card (G/C) as he couldnt stay outside the us longer than 1 year on his G/C /IR/1 as he knew that..but he still pushed it tho...and took it to the wire....

Anyway his last trip the P.O.E gave him stick about being outside the us for long periods of time ect...and let him entre that time last year..

Now.... Last wk here he is doing the same old thing in coming to the us on his G/C again....This time they had him at P.O.E and gave him ####### again about being outside for long periods .....but he was very badly mistaken thinking if he gets in the usa before the 1 yr he be ok.....HOW WRONG WAS HE?

Anyway P.O.E took his P/R card but let him in anyways... Not sure what the P.O.E officer said to him tho.....as this is 2nd hand info im getting from the wife at this time...

So could he get this G/C back? or can he return on a 3 month visit visa you fill out on the plain ect..?

How does this all work? anybody know...? could he come on a visit visa next time? or will it be more complicated on any trip he wants inside the usa..?

Thanks

[Brother Hesekiel 2,236]

A permanent resident of the US is required to reside permanently in the US. Living in another country and just visiting once a year in an attempt to keep one's GC is seen as abandoning of one's residency.

In the case you described, the immigration officer did his job, plain and simple. Your sister's brother could try to apply for a B2, which I doubt he will get, as what his attempt to trick the system indicates some mild form of immigration fraud. He also can't use the VWP anymore, as one check with ESTA should confirm.

All he can do is start over from square one, once he really intends to reside in the US, that is.

[nigel 7]

A permanent resident of the US is required to reside permanently in the US. Living in another country and just visiting once a year in an attempt to keep one's GC is seen as abandoning of one's residency.

In the case you described, the immigration officer did his job, plain and simple. Your sister's brother could try to apply for a B2, which I doubt he will get, as what his attempt to trick the system indicates some mild form of immigration fraud. He also can't use the VWP anymore, as one check with ESTA should confirm.

All he can do is start over from square one, once he really intends to reside in the US, that is.

Yep..Thanks....just as i thought....

so a VWF won't work neither huh? so thats it then?....there is noway he can come here what so ever huh? wow..

I Don't think he wants to reside here anymore, but i know he wants to visit his sisters from time to time...

I told him he cant play with immigration, and i also told him to stay at least till he can get a usc, of which all it would have taken was another 1 or 2yrs wait/stay here for him....but he wouldnt listen..

Then once he had became a usc then he could have done whatever he wanted.....and wouldnt be in this mess now..

His mother petioned him in and she died 3 yrs ago....so i think the only thing he has left is like you said do it all over again...but that could only be his 2 step sisters petion him in ....and that be a up hill battle there i feel...

Im due to file for a 401 usc next year and that will be it for me....i dont want to ever be in a situation like her bro...

Hmmmm

Thank you for ya sound advice..

Edited November 23, 2009 by nigel

[JimVaPhuong 4,863]

A permanent resident is required to maintain their residency in the US. Where your brother-in-law screwed up was in thinking that he would automatically be granted re-entry as long as he returned within a year. The truth is that he would automatically be presumed to have abandoned his residency if he stayed abroad for more than one year without a re-entry permit. Any single absence longer than six months will cause suspicion with the CBP, and he can expect to be grilled and have to provide evidence he's maintained his residency. Also, multiple absences over a period of time that combine to show that the LPR is absent more than 50% of the time can also result in CBP presuming the residency has been abandoned.

If your brother-in-law didn't intend to live here, he probably shouldn't have gotten a green card. In misusing the green card, he's made it more difficult for him to visit in the future.

[nigel 7]

A permanent resident is required to maintain their residency in the US. Where your brother-in-law screwed up was in thinking that he would automatically be granted re-entry as long as he returned within a year. The truth is that he would automatically be presumed to have abandoned his residency if he stayed abroad for more than one year without a re-entry permit. Any single absence longer than six months will cause suspicion with the CBP, and he can expect to be grilled and have to provide evidence he's maintained his residency. Also, multiple absences over a period of time that combine to show that the LPR is absent more than 50% of the time can also result in CBP presuming the residency has been abandoned.

If your brother-in-law didn't intend to live here, he probably shouldn't have gotten a green card. In misusing the green card, he's made it more difficult for him to visit in the future.

Yep i thought your answers would be as i thought..

ok say he had a usc son/daughter here under the age of ..lets say 10 yrs old....would he get a special visa or something if that wher to be the case..?

Just a thought that if this situation was with somebody in the same boat as him, whould the us Goverment stop him coming to visit his/her children?

This is just out of the blue Question here.....wonder what would happen then...

Thanks Guys for your input anyways...i tell him he's Fxxx it up now...

[canadian_wife 1,826]

There is no special "father of a US citizen" visa. Sorry but the US government can and will prevent him from visiting the US to see his children if they feel that he is in violation of immigration laws or appears to be spending too much time in the US as a visitor.

I suggest your brother-in-law abide by the terms of his current visitors visa in the US (as in departing when he is supposed to) and look into alternatives to permanently immigrating, and maintaining legal residence status, to the US

Good luck.

[JimVaPhuong 4,863]

A permanent resident is required to maintain their residency in the US. Where your brother-in-law screwed up was in thinking that he would automatically be granted re-entry as long as he returned within a year. The truth is that he would automatically be presumed to have abandoned his residency if he stayed abroad for more than one year without a re-entry permit. Any single absence longer than six months will cause suspicion with the CBP, and he can expect to be grilled and have to provide evidence he's maintained his residency. Also, multiple absences over a period of time that combine to show that the LPR is absent more than 50% of the time can also result in CBP presuming the residency has been abandoned.

If your brother-in-law didn't intend to live here, he probably shouldn't have gotten a green card. In misusing the green card, he's made it more difficult for him to visit in the future.

Yep i thought your answers would be as i thought..

ok say he had a usc son/daughter here under the age of ..lets say 10 yrs old....would he get a special visa or something if that wher to be the case..?

Just a thought that if this situation was with somebody in the same boat as him, whould the us Goverment stop him coming to visit his/her children?

This is just out of the blue Question here.....wonder what would happen then...

Thanks Guys for your input anyways...i tell him he's Fxxx it up now...

Unfortunately, no - not for a 10 year old child. If the child were 21 then they could sponsor their parents for an immediate relative visa.

The US Government wouldn't intentionally stop him from visiting his children in the US, but they would also not give him any special consideration because of the children. If having children in the US has any affect at all, it will probably be negative. Having family in the US is sometimes seen as increasing the risk of an overstay.

You said he originally got an IR1 visa. An IR1 is only for the spouse of a US citizen. Was he married to a US citizen, and is he still married to her?

[rebeccajo 14]

When a green card is confiscated, the entrant should be turned back. Border guards have the authority to do this.

My suspicion is the gentleman in question, while having abused his permanent residence status, has never abused the Visa Waiver Privilege that is his by virtue of his British citizenship and as such was admissible. If that is the case he should be able to freely travel to the US in the future.

[rebeccajo 14]

You said he originally got an IR1 visa. An IR1 is only for the spouse of a US citizen. Was he married to a US citizen, and is he still married to her?

He probably came over on his Mother's IR-1.

[nigel 7]

You said he originally got an IR1 visa. An IR1 is only for the spouse of a US citizen. Was he married to a US citizen, and is he still married to her?

He probably came over on his Mother's IR-1.

His mother who died 3 plus yrs ago petioned him in the us ..so he had a 10 year green card...he is not married to a USC...

So if the P.O.E took his green card off him feeling he abused it by useing it as a vistor visa then why would they still let him in now? or did they say to him....ok we will let you in this time but we will take your green card also..

But i thought he would have to have a 194 green card voucher thing in his passport to return back to the uk....like other tourist...you know?

anyway....he had no overstays..well why would he as he was here in the usa legal for 3 yrs anyway...so that won't be a problem....i just wonder if he ever wants to come for a visit then maybe he could on a V.W.P or a B2 visa...

I dont know guys..just like i said this is second hand info im getting....as i don't to much care for the dude anyways..

The wife ask me to look up and see what he can do, with if her bro wants anymore visits to the us...

Thanks..

[sachinky 465]

Using the GC as a tourist visa is a bad idea. If he had no plans of residing in the U.S. permanently then his mother shouldn't have applied for it in the first place. I guess her reasoning was "Being a US LPR can never be a bad thing." Well, it can if you don't plan on using it. He could've come and gone as he wished on the VWP, in the first place. There was no need for his GC.

If his GC has been confiscated, then he'd be better off filing for a B2 in the future if he's also ineligible for the VWP.

Edited December 8, 2009 by sachinky

[nigel 7]

Using the GC as a tourist visa is a bad idea. If he had no plans of residing in the U.S. permanently then his mother shouldn't have applied for it in the first place. I guess her reasoning was "Being a US LPR can never be a bad thing." Well, it can if you don't plan on using it. He could've come and gone as he wished on the VWP, in the first place. There was no need for his GC.

If his GC has been confiscated, then he'd be better off filing for a B2 in the future if he's also ineligible for the VWP.

He did have plans of using his LPR and he did for 3 yrs working and living here in the usa, but then his mother died, and all he had left here was 2 half sisters....so he was, the last few yrs using his G/C to visit until he decided what he was going to do..settle here or the uk..

Im not sure a B2 visa will be given or if they do then he will have to show he has no intention of staying here in the usa...and with his track record they will be kinda iffy with him...

Also...im not sure if he can go through the VWP again...well not for a while anyways..

The uscis will look at him as a risk always....maybe a risk there not willing to take at this stage..maybe the future maybe..but now? hmmm im not so sure..

Thanks Guys..