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Filed: Timeline
Posted

well what did you do with the AR11 form? Did you fill one out? Because it says specifically you can not use PO boxes... I know most LPRs dont really think about it when its not a change of status time like AOS or ROC but you are suppose to notify them when you change addresses...

See I totally get what you did and why you did it. It makes sense in a logical way. I dont think youve done anything wrong. I would probably be inclined to make the same choices... But you can see the potential issues it can cause IF you are put in a position where you have to prove you didnt abandon residency at the border. If questions are asked like where do you live? (in a PO box?) where is your stuff? storage? your car? where have you been working? (in Aus?)

The guidelines do state under 6 months you should be considered as if you never left- however they have discretion and look at all factors like all your history, your behavior, your baggage, etc. I think you are going to be fine. I can not stress that enough. I do not want to give you unnecessary worry because it will show on your face when you travel. You have nothing to worry about because you have no ill intent. The absolute worst thing that could happen is you get hassled and hey, if you do you do. You'll be able to resolve it with an attny because there is no proof the other way that you did abandon anything. They will just have to string together what you do have to make the case.

Filed: Country: Australia
Timeline
Posted

well what did you do with the AR11 form? Did you fill one out? Because it says specifically you can not use PO boxes... I know most LPRs dont really think about it when its not a change of status time like AOS or ROC but you are suppose to notify them when you change addresses...

See I totally get what you did and why you did it. It makes sense in a logical way. I dont think youve done anything wrong. I would probably be inclined to make the same choices... But you can see the potential issues it can cause IF you are put in a position where you have to prove you didnt abandon residency at the border. If questions are asked like where do you live? (in a PO box?) where is your stuff? storage? your car? where have you been working? (in Aus?)

The guidelines do state under 6 months you should be considered as if you never left- however they have discretion and look at all factors like all your history, your behavior, your baggage, etc. I think you are going to be fine. I can not stress that enough. I do not want to give you unnecessary worry because it will show on your face when you travel. You have nothing to worry about because you have no ill intent. The absolute worst thing that could happen is you get hassled and hey, if you do you do. You'll be able to resolve it with an attny because there is no proof the other way that you did abandon anything. They will just have to string together what you do have to make the case.

OK thank you again. I do believe we have enough to show we have intent to return to live in the US (2 cars in storage, storage unit, return flights booked for within 6 months of leaving, entering the US during the months we left twice). I mean, why else would we be wasting hundreds a month in storage fees haha? Hopefully as you said they don't even bother us, but if it comes to that I'm sure we have what we need to show there was no intent to leave the US for good, because that certainly isn't the case.

I might try call someone at immigration if there's a number that takes these kinds of calls? This way I can see what they have to say. Worst case scenario I'm happy to fly back tomorrow and look for an apartment if I have to.

Filed: Timeline
Posted

Hmm I have no idea who you would call to be honest. USCIS phone center wouldnt be much help but you could try. A free phone consult with a lawyer maybe? But I dont know what they could really tell you besides dont worry about it. Calling CBP is just going to give you the same general info they have online.

Heres a pdf and a legal clinic link which mentions something about not signing a 407 if pressured by CBP if it comes to that point...

http://lawandborder.com/risk-abandoning-green-card-abroad-6-months/

https://cliniclegal.org/sites/default/files/Abandonment%20of%20LPR%20Status.pdf
https://lipsonpretorius.com/distillery/10-pointers-for-reentry-into-the-us-as-a-lawful-permanent-resident-after-traveling-abroad

last article states if under 6months they shouldnt ask you for anything other then your GC. Youve been coming back and forth. Has your wife? Will she be back under the exact 6 month mark? If so its likely neither of you will be subject to questioning.

The codes (INA §101(a)(13)©(ii) [8 U.S.C. §1101(a)(13)©(ii)]. ) states LPRs entering back in under 180 days should be treated as if they never left. If thats you and your wife you should be fine and not questioned/not have to present any other evidence. However CBP is given blanket authority due to terrorism and what not to pretty much do whatever they want and question who ever they want and stick who ever they want into secondary. There are human rights protections and racism protections and whatever- I mean I dont want to start a debate on that. I think you know what I mean when I say they can do what they want- just because the INA says if youve been out for 6 months or less you shouldnt be questioned doesnt mean that its an automatic you can skate right through 100% protected from being questioned. Of course you can if they choose to question you. Its highly unlikely they will question you if its been under 6 months and you are not a highly interesting person...

So I dont see a reason to rush home (on a 16 hr flight right? crazy!) and get an apartment or consult with an attny or anything like that or as much as I enjoy talking to you for us to keep talking about this. :) Enjoy your trip, take lots of pictures! Have fun and relax.

Filed: Country: Australia
Timeline
Posted

Hmm I have no idea who you would call to be honest. USCIS phone center wouldnt be much help but you could try. A free phone consult with a lawyer maybe? But I dont know what they could really tell you besides dont worry about it. Calling CBP is just going to give you the same general info they have online.

Heres a pdf and a legal clinic link which mentions something about not signing a 407 if pressured by CBP if it comes to that point...

http://lawandborder.com/risk-abandoning-green-card-abroad-6-months/

https://cliniclegal.org/sites/default/files/Abandonment%20of%20LPR%20Status.pdf

https://lipsonpretorius.com/distillery/10-pointers-for-reentry-into-the-us-as-a-lawful-permanent-resident-after-traveling-abroad

last article states if under 6months they shouldnt ask you for anything other then your GC. Youve been coming back and forth. Has your wife? Will she be back under the exact 6 month mark? If so its likely neither of you will be subject to questioning.

The codes (INA §101(a)(13)©(ii) [8 U.S.C. §1101(a)(13)©(ii)]. ) states LPRs entering back in under 180 days should be treated as if they never left. If thats you and your wife you should be fine and not questioned/not have to present any other evidence. However CBP is given blanket authority due to terrorism and what not to pretty much do whatever they want and question who ever they want and stick who ever they want into secondary. There are human rights protections and racism protections and whatever- I mean I dont want to start a debate on that. I think you know what I mean when I say they can do what they want- just because the INA says if youve been out for 6 months or less you shouldnt be questioned doesnt mean that its an automatic you can skate right through 100% protected from being questioned. Of course you can if they choose to question you. Its highly unlikely they will question you if its been under 6 months and you are not a highly interesting person...

So I dont see a reason to rush home (on a 16 hr flight right? crazy!) and get an apartment or consult with an attny or anything like that or as much as I enjoy talking to you for us to keep talking about this. :) Enjoy your trip, take lots of pictures! Have fun and relax.

Appreciate it. Yes my wife and I have both re-entered the US already a few weeks ago, and will be again in a week and a half. Thanks again for all the helpful advice.

 
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