GREENCARD HOLDER STAY OUTSIDE 1YR.

[shakira08 0]

I am posting this to ask real answer to my question. This is the case of one of my friend's family. The "aunt" (she is the petitioner) petition her sister and her family (sister, husband and the child). Now they live here in U.S carrying 10yr. Greencard. Now, the husband lefy U.S last year dated April 30, 2010 for some family issues with the Aunt that cause the both sisters to have "grudge" with each other. Now the husband is arriving tomorrow of which 2-days before 1-yr. of leaving the US. Do you think he will encounter some problems in the port of entry? I am not certain if he have any re-entry permit though/ what if not?...what will the biggest consequences he will encounter then?......

Hope some members can help us understand this. I cannot give my 2-cents to since i have no knowledge about this..

[Peter&Jaime 1]

I am posting this to ask real answer to my question. This is the case of one of my friend's family. The "aunt" (she is the petitioner) petition her sister and her family (sister, husband and the child). Now they live here in U.S carrying 10yr. Greencard. Now, the husband lefy U.S last year dated April 30, 2010 for some family issues with the Aunt that cause the both sisters to have "grudge" with each other. Now the husband is arriving tomorrow of which 2-days before 1-yr. of leaving the US. Do you think he will encounter some problems in the port of entry? I am not certain if he have any re-entry permit though/ what if not?...what will the biggest consequences he will encounter then?......

Hope some members can help us understand this. I cannot give my 2-cents to since i have no knowledge about this..

He should be prepared to be detained at his POE and have to explain why he has left for over a year. Best case scenario they ask him some questions and let him in. Worse case scenario they make him leave the USA.

[Casprd 167]

How long did he live in the US with the 10 year green card before having to return for the family problems? This will have an impact. Living here for several years will be viewed differently than having lived here for 6 months prior to being gone for a year.

[shakira08 0]

How long did he live in the US with the 10 year green card before having to return for the family problems? This will have an impact. Living here for several years will be viewed differently than having lived here for 6 months prior to being gone for a year.

He received his greencard in February of 2010...then family issues came in, then he decided to leave USA in April 30, 2010. So now he is returning to USA tomorrow April 28, 2011. So in short,almost a year,right? So i don't know what consequences he will undergo then? do u know somebody same case he had too?

[Mononoke28 135]

He received his greencard in February of 2010...then family issues came in, then he decided to leave USA in April 30, 2010. So now he is returning to USA tomorrow April 28, 2011. So in short,almost a year,right? So i don't know what consequences he will undergo then? do u know somebody same case he had too?

I personally think it's all up to the POE officer. They might look at the date and question him about his trip, which is why he needs to explain in detail why he was gone, maybe have some kind of evidence as back up. And then they might let him in with a warning. Or if POE officer doesn't think it's fair for him to have US permanent residency and yet pretty much reside in his home country, then he might tell him he needs to go back.

As far as a re-entry permit, it's too late. He had to have sent it before he left the US to get it approved.

Diana

[katiemanny 64]

He received his greencard in February of 2010...then family issues came in, then he decided to leave USA in April 30, 2010. So now he is returning to USA tomorrow April 28, 2011. So in short,almost a year,right? So i don't know what consequences he will undergo then? do u know somebody same case he had too?

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

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 United States for more than 1 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 United States may be considered, even if less than 1 year

* Remain outside of the United States for more than 2 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 United States may be considered, even if less than 1 year

* Fail to file income tax returns while living outside of the United States for any period

* Declare yourself a “nonimmigrant” on your tax returns

[Penguin_ie 5,996]

It's all up to the CBP officer, as mentioned. I think there will be some strict questioning (assuming he has no re-entry permit). Does he have any proof he can show that he maintained residency in the USA- ie filed taxes, is on lease/ owns property, has drivers license etc?

[shakira08 0]

It's all up to the CBP officer, as mentioned. I think there will be some strict questioning (assuming he has no re-entry permit). Does he have any proof he can show that he maintained residency in the USA- ie filed taxes, is on lease/ owns property, has drivers license etc?

When he left U.S last year he never have any job here. And this year, the child (who is working on the store), I think claim his dad as dependent, and she got a refund though like a $1000. He never have any proof though like driver's license, he never drive here in U.S eversince. But he got a greencard, a Social security, thats all. Now one thing also, since the "aunt" is the petitioner, she just recently changed address (she live in a new apartment now), and the aunt, the wife, and the child change address online except the husband never did.

[mikey78 6]

It is not all up to the CBP officer. If he is coming 2 days before the anniversary of 1 year's absence then in the worst case scenario CBP can decide to let him in with so called deferred inspection and make him show up in court so that the immigration judge can decide whether he lost his perm. residency or not.

[Brother Hesekiel 2,236]

It is not all up to the CBP officer. If he is coming 2 days before the anniversary of 1 year's absence then in the worst case scenario CBP can decide to let him in with so called deferred inspection and make him show up in court so that the immigration judge can decide whether he lost his perm. residency or not.

Sorry,

but I have to call you out on that one.

While you are "principally" correct, I'll tell you what the "worst case scenario (your words) will be.

CBP determines that the guy never really lived in the US. Has no driver's license, no job. Has been outside the US for a year, 40-something hours short of a sure-fire immigration suicide. He'll call him out. He'll tell him that he can be on the next plane back to wherever the hell he came from, or he can have the chance to be paroled into the US if he signs a form admitting to have abandoned his residency.

He'll then will be allowed to enter, but since he isn't a LPR anymore, no judge needs to sign off on anything. Happens all the time.

[mikey78 6]

Just Bob,

being called out by you is pure pleasure LOL...but I still dare to say that the scenario you painted in this case is highly unlikely...of course one may sign their own death sentence as well, so it is always good to know what you are signing.

Even though CBP may have doubts about his residency, they can't put him back on the plane unless there would be some other grounds for inadmissibility (like commiting a crime, etc.)

I know they might try different tricks to get someone to sign the abandonment and I heard about cases like that. There is no better protection then simply knowing your rights and knowing the law. I am not saying that ending up having a date with an immigration judge is a good deal, especially now when the courts are so backlogged and it may take up to one year.

Sorry,

but I have to call you out on that one.

While you are "principally" correct, I'll tell you what the "worst case scenario (your words) will be.

CBP determines that the guy never really lived in the US. Has no driver's license, no job. Has been outside the US for a year, 40-something hours short of a sure-fire immigration suicide. He'll call him out. He'll tell him that he can be on the next plane back to wherever the hell he came from, or he can have the chance to be paroled into the US if he signs a form admitting to have abandoned his residency.

He'll then will be allowed to enter, but since he isn't a LPR anymore, no judge needs to sign off on anything. Happens all the time.

[Brother Hesekiel 2,236]

There is no better protection then simply knowing your rights and knowing the law. I am not saying that ending up having a date with an immigration judge is a good deal, especially now when the courts are so backlogged and it may take up to one year.

Absolutely. I agree.