CR1 RoC

[RichiJenny 14]

Hi there, Ive a question, if I may. I have included it in the 'working/travelling' sub forum, howeverI wasnt sure where was more appropriate and wanted the best possible answers.

Since November, Ive been visiting a disabled friend in Canada, an hour's flight away. This constituted 4 trips of 2 days, 30 days, 9 days and 8 days.

Twice I was sent to secondary.

The reason I was given the first time I was sent to secondary, was that I had 'violated immigration law' - I had a previous overstay, for which I had to obtain an i601 waiver in order to be given my green card.

I was not questioned the first time I was sent to secondary. The second time I was sent to secondary, I asked the CBP agent if there was a problem, he said no, and I just needed further processing. I was asked a few questions from why the trips to canada, am i still married and why did i cut my hair. Then sent on my way.

My last trip to canada, I didnt face any problem at all, only the CBP officer asked to see my extention letter (although my GC hadnt quite expired) and also my passport would be expiring in a month or two.

Im a CR1 holder, having applied for my Removal of Conditions in October 2012. I have the extention letter to travel with, obviously.

My question is, I think Im right in saying I am allowed either 6 months or a year out of the US without 'problems'.

However, I am due to take another trip on Monday, for 11 days to visit my friend,and am hesitant a little as I fear another encounter with CBP, not that any encounter has been particularly unpleasant, though its a little nerve wracking sitting waiting for the 'unknown' so to speak, even though I know Ive done no wrong.

What would a worse case scenario be. I travel with my \

unexpired passport

expired green card

extention letter

stamped biometrics letter

bank statement

utility bills

Could I be refused entry. Granted I know that one has to maintain residency to avoid revocation, and if my forthcoming trip is included, itll be 5 trips outside of the US, and approx 50-60 days.

Ive read about something called an i407 and immigration judges. Am i right to feel a little hesitant, or alarmed?

I have a best friend in Canada that is disabled and that is the reason for my visits, and have always been upfront with CBP when asked.

Im thinking if I go, I should expect being sent to secondary upon return at pre-clearance, at the very least. I know I can always not go, and leave the country, though I would like to see my friend and offer assistance once last time, for a while but Id just like to know the options I could be faced with.

Many thanks

[Villanelle 4,122]

There is no exact number of days you can be out of the country. There is however re-entry permits if youre going to be gone for more then 6 months at a time.

For immigration- In order to keep your GC you need to show that you have a residence in the US. To do so, you show you have a residence here (a lease, a DL, utilities in your name, a job, etc.) You also show you spend more time in the US then out of it. For CBP= Border agents are concerned with anyone crossing the border. Who are you, where are you coming from, why are constantly going in and out? are you a drug trafficker? a criminal? a terrorist? a money launderer? whats going on with you? You cut your hair? Hmmm, why? are you trying to disguise yourself? They are doing their job. They enforce the immigration laws but they dont care about how many days you travel out of the country. But the odds are youre going to be flagged and sent to secondary if youve taken 4 trips since Nov. Its odd. Theyre investigating. Perhaps if you continue your travel pattern and it becomes normal, theyll back off.

Most likely youre not going to be denied entry based on the small amount of time out of the US you have. If anything they will advise you that your time out of the US is raising a question as to whether you were in fact maintaining your permanent resident status, and that you could voluntarily abandon your GC by filing an I-407. They would also make a note of their discussion with you in the computer (that you were advised of such and probably stamp your passport of such)

[RichiJenny 14]

Spending more time in the us than out of it - would the fact that I've been here and not left since jan 2011 be taken into account do you think?

So I could be given an i407 even on this trip - it's possible I could lose my status if I left for 11 days or so. Forgive me if I'm not understanding fully. I just want to be totally sure if any implications. I live with my in laws, and an a full time carer with my wife, of my grandmother in law, so I do obviously have residence as per my uscis letters addressed to me and my undertaking of my recent biometrics.

I have no problem with cbp at all. And understand they've a job to do. However if I know all will be fine I would travel easier and without hesitation.

[Harpa Timsah 13,258]

You're being paranoid. You can be outside the US for up to a year with no special permission as a LPR. You have been out of the US for a couple of days here and there that add up to a couple of months? Look up rights and responsibilities of LPRs and you will see.

[RichiJenny 14]

You're being paranoid. You can be outside the US for up to a year with no special permission as a LPR. You have been out of the US for a couple of days here and there that add up to a couple of months? Look up rights and responsibilities of LPRs and you will see.

Thanks so much for the forthright reply my friend. All replies are helpful and yours has put my mind at ease a lot too. I really appreciate your help

[Villanelle 4,122]

^ You are being very paranoid. This is obviously a very real concern to you. So lets go over it again.

Theyre not going to give you the 407. IF they did advise you to use the 407, which is a BIG IF it would go like-. They would say/ Hmmm it seems like youve been spending sooo much time outside of the US and you are no longer wish to be a resident. We are advising you to voluntarily fill out a 407 and surrender your GC. We are noting we advised you of such in the computer. You can obtain the 407 from your embassy and surrender your GC when you return home.

But you are SO very far from being in the category of being advised to use the 407 its not even funny. There are 365 days in the year. Youve been out of the US for 60 days(?) including the trip you plan on taking. Thats less then 25% Meaning youve spent more then 75% of the year in the US. Your residency status is not in any jeopardy. The only reason why youre getting stopped is because the frequency of travel in a short period of time seems suspicious. If your numbers were reversed and you said I spent 75%+ of my time outside the US with frequent travel and no re-entry permits- then yeah you should be concerned about whether or not your status is safe.

[RichiJenny 14]

^ You are being very paranoid. This is obviously a very real concern to you. So lets go over it again.

Theyre not going to give you the 407. IF they did advise you to use the 407, which is a BIG IF it would go like-. They would say/ Hmmm it seems like youve been spending sooo much time outside of the US and you are no longer wish to be a resident. We are advising you to voluntarily fill out a 407 and surrender your GC. We are noting we advised you of such in the computer. You can obtain the 407 from your embassy and surrender your GC when you return home.

But you are SO very far from being in the category of being advised to use the 407 its not even funny. There are 365 days in the year. Youve been out of the US for 60 days(?) including the trip you plan on taking. Thats less then 25% Meaning youve spent more then 75% of the year in the US. Your residency status is not in any jeopardy. The only reason why youre getting stopped is because the frequency of travel in a short period of time seems suspicious. If your numbers were reversed and you said I spent 75%+ of my time outside the US with frequent travel and no re-entry permits- then yeah you should be concerned about whether or not your status is safe.

oh thank you so much for your help, I really appeciate it. Youve both definitely put my mind at ease