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tnad

Staying outside US on a green card. More strict rules now?

By tnad in General Immigration-Related Discussion

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tnad Newbie

tnad   1

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Filed: IR-1/CR-1 Visa Country: Lebanon
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Hi,

 

My dad has a green card and for the last 7 years he's been coming to the US for about 1 to 2 months every 6 months with no problems with immigration at the airport. Last year, he was told that there are changes in the rules and that he could stay up to one year outside the US. After 10 months outside, he came back and was held for hours at LAX, threatened that they will take his green card and told that a warning was put on his record. What is going on? Were the rules changed again? I'm trying to figure out the safest way to travel back and forth. He can't really afford living in US for long periods of time, but we don't want to lose his green card and be at the mercy of consulates for getting a visa to visit us.

Married March 11, 2013


NOA1 I-130 March 22, 2013


Transferred to TSC Nov 08, 2013


NOA2 I-130 Dec 19, 2013

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Transborderwife Veteran

Transborderwife   4,666

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Filed: Other Country: Canada
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Your father has always been in violation of his greencard then and abusing it.  Greencard is to be a permanent resident...not a temporary visitor.  If he cannot afford to live here full time it's time to go.

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f f Proficient

f f   725

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well if he can't afford to live in the us then he should give up his green card and just get a b2 visa. the green card is ment to let you live in the us not visit it. the rules have not changed he was never allowed to do as you described they are just being more strict with the enforcement of the rules now. he should either flip it so he spends more time in the us than out of it or plan on losing his green card at some point.

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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The rules weren't changed...he has been acting not in accordance with them for a long time. Maybe enforcement is up, but he has been extremely fortunate to have gone that long with only minimal questioning. A green card is proof of legal permanent resident (LPR) status. It sounds like his permanent residence is not actually in the US, and as such they can revoke his LPR status.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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JFH Grand Master

JFH   12,190

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Filed: Citizen (apr) Country: United Kingdom
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The rules haven't changed - they are being more strictly enforced now. Just as Trump said he would do during all of his pre-election speeches. People are now realizing he meant it. 

 

I have to say I have no sympathy for your father. People in capped categories (F4, for example) wait years and years for an immigrant visa (which leads to a green card) to become available because the numbers are limited and then there are people who are using them as tourist visas. If your dad cannot or will not live here, what does he need a green card for anyway? I don't understand your comment that he cannot risk losing it. Why not? He never used it for its intended purpose so why should he keep it? 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Becci391 Proficient

Becci391   339

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Filed: Lift. Cond. (apr) Country: Germany
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1 hour ago, Transborderwife said:

Your father has always been in violation of his greencard then and abusing it.  Greencard is to be a permanent resident...not a temporary visitor.  If he cannot afford to live here full time it's time to go.

 

1 hour ago, f f said:

well if he can't afford to live in the us then he should give up his green card and just get a b2 visa. the green card is ment to let you live in the us not visit it. the rules have not changed he was never allowed to do as you described they are just being more strict with the enforcement of the rules now. he should either flip it so he spends more time in the us than out of it or plan on losing his green card at some point.

 

48 minutes ago, JFH said:

The rules haven't changed - they are being more strictly enforced now. Just as Trump said he would do during all of his pre-election speeches. People are now realizing he meant it. 

 

I have to say I have no sympathy for your father. People in capped categories (F4, for example) wait years and years for an immigrant visa (which leads to a green card) to become available because the numbers are limited and then there are people who are using them as tourist visas. If your dad cannot or will not live here, what does he need a green card for anyway? I don't understand your comment that he cannot risk losing it. Why not? He never used it for its intended purpose so why should he keep it? 

I agree with all of you.

If he doesn't need his GC he should give it back and get a visitor visa.

ROC Timeline

08/16/19: sent I-751 packet to USCIS Lockbox in Dallas

08/19/19: packet received by USCIS

08/21/19: received text message with case number ( Texas Service Center)

08/23/19: check got chashed

08/26/19: received extension letter in the mail

11/14/19: Biometrics appointment

04/28/20: case got transferred to my local field office in Atlanta

05/28/20: New Card Is Being Produced

05/29/20: New Card Got Approved

06/02/20: We Mailed Your New Card

06/03/20: The Post Office Picked Up Your New Card

06/04/20: Card Was Delivered To Me By The Post Office

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