Anyone refused entry under one year on greencard

[SPSguy 18]

Has anyone been refused entry to U.S. on a trip that was less than one year, despite the 1 yr allowed by greencard?

I'm interested in getting soem feedback since my wife will receive her greencard when we enter the U.S. in a few months. She and I will return to work overseas and intend to enter the U.S. at least once a year.

What can we do to avoid being denied entry? I keep hearing about peole denied at the 6 month mark. What were the circumstances surrounding those cases?

Much appreciated for any help.

[Bobby+Umit 161]

What your planning goes against the regulations for the green card, and if they notice a pattern to your travels, they could pull your GC due to not maintaining residence.

If your going to be out of the country for a year or more, than you should request a re-entry permit.

[SPSguy 18]

I am not talking about over 1 year travel, strictly under 1 year. Has anyone been denied entry on trips under one year? And why?

I understand why people might get denied, the question is, what can we do to avoid? There are cases where a humanitarian pass is given, etc, etc.

But I am looking for others that travel and enter under 1 year and the problems they have faced.

[Bobby+Umit 161]

I am not talking about over 1 year travel, strictly under 1 year. Has anyone been denied entry on trips under one year? And why?

I understand why people might get denied, the question is, what can we do to avoid? There are cases where a humanitarian pass is given, etc, etc.

But I am looking for others that travel and enter under 1 year and the problems they have faced.

Your not understanding - going out of the country and returning every 6 months will be picked up but CBP, and that pattern will tip them off your not following the rules.

I have read where people doing this have lost their GC.

You can get a re-entry permit for 2 years, so you can stay out of the US for that time and not worry about coming back every 6 months like you plan.

Your choice.

[SPSguy 18]

Your not understanding - going out of the country and returning every 6 months will be picked up but CBP, and that pattern will tip them off your not following the rules.

I have read where people doing this have lost their GC.

You can get a re-entry permit for 2 years, so you can stay out of the US for that time and not worry about coming back every 6 months like you plan.

Your choice.

I've helped people get re-entry permits in the past. So it is not a foreign topic for me. Your help is well intended, I appreicate it.

However, I am looking for actual cases where the border patrol has denied entry for trips under 1 year.

Of course the re entry permit would solve everything. However, my understanding is that new regulation might require biometrics to be taken, and we are not sure if my wife can stay in the US long enough to wait out the re-entry permit process, ie.. getting fingerprints, etc..

We will be in the US for perhaps 1 month and must return due to her work overseas.

[w8inglongtime 29]

I've helped people get re-entry permits in the past. So it is not a foreign topic for me. Your help is well intended, I appreicate it.

However, I am looking for actual cases where the border patrol has denied entry for trips under 1 year.

Of course the re entry permit would solve everything. However, my understanding is that new regulation might require biometrics to be taken, and we are not sure if my wife can stay in the US long enough to wait out the re-entry permit process, ie.. getting fingerprints, etc..

We will be in the US for perhaps 1 month and must return due to her work overseas.

I doubt you'll get an answer from someone on this forum who has been denied entry based on your question. One would be tempted to say it must be extremely rare since it's under a year. If anything, you'd be re-setting your times for N-400. I don't see any problem with you guys making a couple of trips during the year. Then again I'm not at the POE so what I think doesn't hold water. Since you want specific examples, just Hope somebody on here knows someone who got denied eventhough it's a horrible thing to happen to anybody.

[SPSguy 18]

I doubt you'll get an answer from someone on this forum who has been denied entry based on your question. One would be tempted to say it must be extremely rare since it's under a year. If anything, you'd be re-setting your times for N-400. I don't see any problem with you guys making a couple of trips during the year. Then again I'm not at the POE so what I think doesn't hold water. Since you want specific examples, just Hope somebody on here knows someone who got denied eventhough it's a horrible thing to happen to anybody.

Thanks for your response. I'd welcome even a response from someone that knows someone that had be denied, detailing what happened, action taken by border patrol, and the aftermath.

I am considering writing to the local consulate or USCIS for interpretation of law to present to the border patrol so to prevent such occurence. YOU ARE ABSOLUTELY CORRECT in that such a denial would be a horrible thing ( nightmare ) to go through after 12-30 hours of flight into the U.S. Which is the very reason why I'm hoping to get something in writing to prevent it.

My wife has every intention to immigrate, we'll be filing joint return taxes, have a mortgage/lease, drivers license, etc..

Are the people denied entry the result of procedural technicality or a real threat? For example, I could see an intent not to immigrate if the greencardholder didn't have in their possession a drivers license, tax filings, and other information preserving U.S. domocile.

[VanessaTony 3,567]

Has anyone been refused entry to U.S. on a trip that was less than one year, despite the 1 yr allowed by greencard?

I'm interested in getting soem feedback since my wife will receive her greencard when we enter the U.S. in a few months. She and I will return to work overseas and intend to enter the U.S. at least once a year.

What can we do to avoid being denied entry? I keep hearing about peole denied at the 6 month mark. What were the circumstances surrounding those cases?

Much appreciated for any help.

I'm not sure I completely understand what you're planning.

You said that you and your wife are planning to remain working overseas (which to me also reads as "live") but that you plan to "enter the US at least once a year".. which sounds to me (or reads rather) that you are intending to "pop by the US" to make sure that you retain residency... which is against the rules of the greencard.

The reason this matters is because you may not have the card revoked simply because you were gone for 6 months or more, but instead because they sense a pattern to your trips (and this could be the time you go on holidays (not word) and you're gone less than 2 weeks or something.. it just happened to be when CBP "noticed" your pattern/s) and that you are not following the rules of the greencard which are that you must RESIDE in the US... this means the number of months out of the US should be less than the years in the US.

It is completely up to the CBP officers discretion to determine whether s/he thinks you have abandoned your status in the US. Typically they will revoke the card and you will have a court case to attend to "fight" the revocation at which time you will plead your case that you don't live overseas. However that said, given the situation you describe you are planning, I honestly can't see the judge ruling that you HAVEN'T been living overseas seeing you work there...

I have also read that continuing to pay US taxes, maintain a residence (house) there help in showing you have been maintaining residency and those are things you could show if you're having an issue.. but it honestly sounds to me that you are breaking the GC rules by trying to live overseas whilst having a US greencard.

Here's a few links for you:

- http://www.antaoandchuang.com/i-keeping.html - shows ways to show CBP that you are maintaining residency and talks about cases like you working overseas

- http://www.kkeane.info/all-faqs/green-cards.html - random Q&A, a few about losing GC

Anyway they don't really answer your questions. I tried a quick google but found nothing specific to what you're asking but I did want to voice (like other have) that what you *appear* to be planning sounds like you might encounter a few issues so I would instead get a re-entry permit and plan on immigrating (properly) before it expires.

Edited May 2, 2010 by Vanessa&Tony

[TBoneTX 45,267]

You should call one or two CBP ports to ask actual officers or Port Directors: http://www.cbp.gov

Why rely on anecdotal evidence, or on responses from folks whose circumstances differed from yours, or on responses that reflect previous CBP policies or interpretations thereof?

[SPSguy 18]

You should call one or two CBP ports to ask actual officers or Port Directors: http://www.cbp.gov

Why rely on anecdotal evidence, or on responses from folks whose circumstances differed from yours, or on responses that reflect previous CBP policies or interpretations thereof?

Thanks TboneTX and thanks to everyone for contributing to this topic.

The following seems to be the consensus ( altho not written ):

If you are absent for less than six months, you will rarely have a problem. It is BCBP's job to prove that you abandoned your residency. Absent that, you are considered to never really have left.

If you are absent for more than six months but less than a year, the burden of proof reverses. It becomes your job to prove that you are still a permanent resident. This is based on the concept that after six months, you have to be readmitted and have to prove that you are still admissible. As a side note, after an absence of more than six months, the various criteria for admissibility apply again, too. For instance, if you in the meantime had become inadmissible, say through an HIV infection, you might have a problem.

If you are absent for more than a year, your Green Card will be considered almost automatically abandoned. Once that happened, there is usually no recourse. However, if through some miracle the immigration officer didn't ask you how long you have been out of the USA when you return, then you may be in luck and able to keep your Green Card after all. You should in this case not leave the USA for a very long time, and make it your bona fide residence again.

I'll check out the link Tbone provided, and attempt to get something in writing. There's less credence to something said over the phone as there's no proof when you need it.

[TheBears 9]

I'm sorry. I don't know details, and I can't get them. Here's a tale, though.

Story from usvisa4thai.com. A woman had her green card revoked because she spent 8 months in Thailand. Her husband was deployed overseas. Rather than fast-tracking citizenship, she decided to stay with her parents. She entered the US for a month, went sight seeing with friends, got her green card and social security card, and then went back home. I doubt she had a lease/driver's license/taxes/pay stubs/mail/whatever to show her ties to the US. She certainly didn't have a re-entry permit. Her last post said she and her husband were living in Thailand.

TBone had a good idea.

Good luck.

[SPSguy 18]

I'm sorry. I don't know details, and I can't get them. Here's a tale, though.

Story from usvisa4thai.com. A woman had her green card revoked because she spent 8 months in Thailand. Her husband was deployed overseas. Rather than fast-tracking citizenship, she decided to stay with her parents. She entered the US for a month, went sight seeing with friends, got her green card and social security card, and then went back home. I doubt she had a lease/driver's license/taxes/pay stubs/mail/whatever to show her ties to the US. She certainly didn't have a re-entry permit. Her last post said she and her husband were living in Thailand.

TBone had a good idea.

Good luck.

Well I chose not to call CBP but wrote them instead. I am hoping to get a response soon. Their site has a question and answer form and this is what I wrote:

Dear CBP official,

I am a United States citizen and a petitioner for my wife to become a United States legal permanent resident. Her IR1 visa was recently approved and she intends to immigrate to the United States to live with me.

My question is related to the new law that LPRs that are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101. My wife would like to enter the United States at least once a year ( never over 1 year ) using her greencard until her job contract in her former country ends.

We are concerned that upon entering the United States Chicago port of entry in the future, she may be denied entry as a result of this new law. The United States is our home and my wife intends to become a naturalized citizen in the future when it is legally permissable for her to do so. However, due to the current economic and job market, we are forced to temporarily accept work outside of the United States.

Please advise how she can enter the United States without denial or refusal. Please note that I will be traveling with her at all time as I am also currently working oveseas in my wife's former country. We do not wish to apply for a re-entry permit since we will never be outside of the United States for more than 1 year.

Your assistance is greatly appreciated.

Their system gave me a tracking ID for followup. Let's see what they say.

[Bobby+Umit 161]

It is BCBP's job to prove that you abandoned your residency.

This is incorrect. As always, it's up to you to prove you didn't. All CBP has to do is suspect it.

What most immigration lawyers state is this:

GENERAL RULE

It is very important to realize that U.S. Immigration law requires that a green card holder must NEVER abandon the INTENTION of continuing to reside permanently in the United States. Once, a green card holder abandons that intention, e.g., by intending to reside permanently in some other country, that person loses the right to keep their green card.

This means that ANYTIME a green card holder leaves the U.S., that person is subject to being accused by the Immigration and Naturalization Service (I.N.S.) of having abandoned the intention of living in the U.S., and is subject to having the greencard taken away--on the spot. Therefore, green card holders must always take certain PRECAUTIONS in order to be able to prove to the I.N.S. that they have never abandoned the intention of living in the U.S. permanently. However, simply returning to the U.S. once a year for several weeks to use the Green card is NOT enough!!! Many green card holders have lost their green cards--even though they returned to the U.S. once a year.

Source

This link also has some suggestions that you are looking for - take a read.

[SPSguy 18]

The arguement on intent to abandon residency looks like a scheme for the government to make money with the re-entry permit. It doesn't make any sense for the government to say a GC holder can leave the country for up to 1 year and enter with an unexpired GG, yet devise a 180 day condition that is subject to the CBP's interpretation.

Why don't they just come out and say a GC holder can leave for 6 months, and anything over that requires a re-entry permit.

[himher 634]

We were out of the country (11) months last year. When we re-entered the officer gave us a very hard time. He said she should have had a re-entry permit. I asked him what this means and held up the rules from the website. He said that even though the website says that she still should have had a permit. He wrote OUT 11 MONTHS in her passport and let us enter.

I am quite sure that next time we enter we will get the same hard time. We will only be out (4) months this time.

This was in December of last year. Hope that helps.

Edited May 2, 2010 by himher