Any problems with mother on GC entering US after 15 months

[leahandlucas 15]

she might probably get interrogated over this, so have her have her situation ready to explain as to why she has been out for so long.

And if she is given the option to go before a judge, get her to do it, so she can explain to the judge, maybe he'll be more lenient then the CBP Port-of-entry officers and more understanding.

Good luck, also if possible, consult with a lawyer as well

[Sc0tt28 26]

Your mother is guilty of immigration fraud, as "visiting" once a year to fool USCIS to assume she still is a resident of the United States is fraudulent. Another first for me: I hope she gets caught this time, her card taken away, and send back to Pakistan.

To those that would criticize Bob for speaking the truth, why on earth does this person have a green card in the first place then? If she resides in Pakistan and only visits the US in order to fraudulently maintain her residency requirement (which she does not meet) then why doesn't she surrender the green card and travel to the US as a visitor? Has it ever occurred to you people that these types of situations are a big part of the reason why it takes so long for CIS to adjudicate some petitions (fraud)? Also, since there is a limited number of A numbers available for certain immigrant petitions each year, I'm sure that there are legitimate immigrants that would appreciate not having to wait years (decades in some cases) for their number to come up.

To those that would say, "You don't know the circumstances" or "This person has valid reasons for committing fraud", then give me one good reason. You probably won't bother because you know there is no good reason and if you gave some pathetic excuse then it would get shot down in favor of the law.

[IT_1 0]

To those that would criticize Bob for speaking the truth, why on earth does this person have a green card in the first place then? If she resides in Pakistan and only visits the US in order to fraudulently maintain her residency requirement (which she does not meet) then why doesn't she surrender the green card and travel to the US as a visitor? Has it ever occurred to you people that these types of situations are a big part of the reason why it takes so long for CIS to adjudicate some petitions (fraud)? Also, since there is a limited number of A numbers available for certain immigrant petitions each year, I'm sure that there are legitimate immigrants that would appreciate not having to wait years (decades in some cases) for their number to come up.

To those that would say, "You don't know the circumstances" or "This person has valid reasons for committing fraud", then give me one good reason. You probably won't bother because you know there is no good reason and if you gave some pathetic excuse then it would get shot down in favor of the law.

Ist Good part is you guys are not the Judge or any officer..beside you dont know people personal problem.....as long as she follow the law and what Law allow her..ther is no problem... Goodluck bro

Edited March 14, 2010 by IT_1

[IT_1 0]

One thing I didnt understnad, where some of them get an idea about fraud etc.. Correct word is abandoned not fraud. I didnt read on USCIS site about Maintaining Permanent Residence , where they mentioned fraud, if you are out side of US more then one year. Anyway this is not personaly, but this is not correct and nice to reply someone...

Edited March 14, 2010 by IT_1

[aleful 1,905]

IT,

If I'm not mistaken, the fraud would be if a person, in general, has the intent of obtaining a GC but really not to live in the US, but to use it more like a visitor or tourist visa, while living in the country of origen.

We can't judge his mom and directly say that this was the case.

[Sc0tt28 26]

IT,

If I'm not mistaken, the fraud would be if a person, in general, has the intent of obtaining a GC but really not to live in the US, but to use it more like a visitor or tourist visa, while living in the country of origen.

We can't judge his mom and directly say that this was the case.

"Fraud" and "misrepresentation" are usually used interchangeably.

If a person says that they live in the US when asked by an immigration officer, when really they don't....that would be what is called "a lie".

[IT_1 0]

Sorry to say that, there is no way someone can show she had lie even she keep coming and going. It still abandoned not fraud or lie. When she coming to the US and showing a vaild reason and officer see she is under time limit...that doest consider a lie or fraud. Lie will be when you not telling the truth and officer caught.... Anyway I just follow Maintaining Permanent Residenceinfo, which doesnt even say anything about fraud etc...Word will be abandoned. please show me proof about Maintaining Permanent Residence, where said will consider fraud or lie. Sorry to say, I am not a follower so I dont go for general. every case is diffirent.

[justashooter 430]

Do you really think this is something being done intentionally? Please, do not waste my time by replying.

from your OP, your mother is intentionally violating immigration law by using a green card as a tourist visa. you might not like being told that, but bob is absolutely right.

[Sc0tt28 26]

Sorry to say that, there is no way someone can show she had lie even she keep coming and going. It still abandoned not fraud or lie. When she coming to the US and showing a vaild reason and officer see she is under time limit...that doest consider a lie or fraud. Lie will be when you not telling the truth and officer caught.... Anyway I just follow Maintaining Permanent Residenceinfo, which doesnt even say anything about fraud etc...Word will be abandoned. please show me proof about Maintaining Permanent Residence, where said will consider fraud or lie. Sorry to say, I am not a follower so I dont go for general. every case is diffirent.

INA 212(a)(6)©(i) - Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

Basically what you are saying is she can lie as long as she doesn't get caught. Sorry, that's still lying.

[IT_1 0]

INA 212(a)(6)©(i) - Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

Basically what you are saying is she can lie as long as she doesn't get caught. Sorry, that's still lying.

Again this is not personally, and I didnt and never say lie with Law is ok. Basically you realy need to know understand with english, if you do then read again what I said. What you saying I have no prob, since this is the way you understand. I am still saying correct word is abandoned. She is mother of USC and some personal reason she cant maintain her LPR status, its consider LPR abandoned.

Edited March 15, 2010 by IT_1

[VanessaTony 3,567]

Again this is not personally, and I didnt and never say lie with Law is ok. Basically you realy need to know understand with english, if you do then read again what I said. What you saying I have no prob, since this is the way you understand. I am still saying correct word is abandoned. She is mother of USC and some personal reason she cant maintain her LPR status, its consider LPR abandoned.

Okay. It's obvious that you don't understand English very well so I'll keep this as short as I can(I'm not being offensive, your post clearly indicates a poor grasp).

By staying out longer than 12 months she has abandoned her status. In this you are correct. BUT, the issue isn't this particular 15 month stay outside the US. The issue is that for the last year, or few years, she's been lying about residing in the US and trying to hide her lie by a quick visit every now and then.

By returning only "every now and then" in order to maintain her status even though she is quite clearly living overseas is FRAUD. Part of getting a greencard is to LIVE in the country where you have LPR status. She is FRAUDULENTLY claiming that she is living in the US which is the basis for retaining LPR status. She is claiming to the CBP officers that she's "returning home" to the US when she's only stopping by to LIE to them about still living there. I guarantee that if she said to CBP what she has been doing she'd be in trouble for LYING about living in the US.

When she returns (or tries to return) to the US with her greencard they will notice the 15 month stay outside. Then they'll look at the last time she left and returned, and the previous time to that and they'll notice her pattern of remaining in the US only for a short time. They will not be nice about the fact she has lied so many times and has been using the GC like a visitors visa. She will have her card revoked. Whether she is able to get it back by a Court hearing is impossible to know but it's highly unlikely given the several times she's lied. Had this been the first time they might have been more understanding, but as it's a regular occurrence and because she's obviously NOT maintaining her LPR status then they will revoke it. Hopefully they won't give her a lifetime ban for all the lies, but no-one knows for sure.

Edited March 15, 2010 by Vanessa&Tony

[IT_1 0]

Okay. It's obvious that you don't understand English very well so I'll keep this as short as I can(I'm not being offensive, your post clearly indicates a poor grasp).

By staying out longer than 12 months she has abandoned her status. In this you are correct. BUT, the issue isn't this particular 15 month stay outside the US. The issue is that for the last year, or few years, she's been lying about residing in the US and trying to hide her lie by a quick visit every now and then.

By returning only "every now and then" in order to maintain her status even though she is quite clearly living overseas is FRAUD. Part of getting a greencard is to LIVE in the country where you have LPR status. She is FRAUDULENTLY claiming that she is living in the US which is the basis for retaining LPR status. She is claiming to the CBP officers that she's "returning home" to the US when she's only stopping by to LIE to them about still living there. I guarantee that if she said to CBP what she has been doing she'd be in trouble for LYING about living in the US.

When she returns (or tries to return) to the US with her greencard they will notice the 15 month stay outside. Then they'll look at the last time she left and returned, and the previous time to that and they'll notice her pattern of remaining in the US only for a short time. They will not be nice about the fact she has lied so many times and has been using the GC like a visitors visa. She will have her card revoked. Whether she is able to get it back by a Court hearing is impossible to know but it's highly unlikely given the several times she's lied. Had this been the first time they might have been more understanding, but as it's a regular occurrence and because she's obviously NOT maintaining her LPR status then they will revoke it. Hopefully they won't give her a lifetime ban for all the lies, but no-one knows for sure.

I think you need to read VJ guides again. Let me remind you again when she entring and officer see she is time limit, that not a lie. This is law allow her. Good part is you are not officer or judge. I can see your understand and or trying make a point.

I suggest you read VJ guides, and get better under standing.

[VanessaTony 3,567]

I think you need to read VJ guides again. Let me remind you again when she entring and officer see she is time limit, that not a lie. This is law allow her. Good part is you are not officer or judge. I can see your understand and or trying make a point.

I suggest you read VJ guides, and get better under standing.

Your above post makes absolutely no sense. It is not written in correct English so I can't even reply to the main point.

Your second point regarding reading the guides (though also written in incredibly poor English is somewhat more understandable), it appears you are the one that needs to reads the guides and the rules and regulations. I fear for you and your status if your understanding of the rules and regulations is so lacking.

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OP. I really do wish you luck. The only thing to do is try. Perhaps engage a lawyer to discuss options. Good luck.

[IT_1 0]

Your above post makes absolutely no sense. It is not written in correct English so I can't even reply to the main point.

Your second point regarding reading the guides (though also written in incredibly poor English is somewhat more understandable), it appears you are the one that needs to reads the guides and the rules and regulations. I fear for you and your status if your understanding of the rules and regulations is so lacking.

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OP. I really do wish you luck. The only thing to do is try. Perhaps engage a lawyer to discuss options. Good luck.

When mind is closed, every thing look poor. If you replying my post, thats mean you understand somewhat. Let me remind you, this is not my post or question. I just replied as you did. Anyway Goodluck to you too.

[Minya's wife 25]

Abandonment [of Legal Residency] is what the OP's mother has done now that she has remained outside the US for over a year without previously applying and obtaining a re-entry permit. Misrepresentation and fraud is what she practiced so far by not living in the US, only visiting a few months out of the year. IT, if you can't understand the difference, then perhaps you need to read the VJ guides and brush up on immigration law as it pertains to permanent residency in the US.

Whatever the case, the OP's mom may have serious trouble in attempting to enter the country as is. It would be best to inquire with the US consulate in Pakistan(or USCIS) to see if a re-entry permit(advance parole) can be obtained before she makes the flight over here. An LPR with a 15 month absence and no AP will surely be flagged at POE and chances are good that entry will be denied.