I-131

[mollypicon 0]

Hello! I am trying to figure out if it is possible for my husband, a U.S. green card holder, to get permission to be out of the country when he has already left, or if it is somehow possible to shorten the 60-90 day process. I am American and in the U.S. with our daughter, husband is working abroad and would like to come to the U.S. for a month to get the reentry permit, but I think this is too little time. He has had a green card since 2012 and has not lived in the U.S. during that time (he has maintained the green card by visiting every 6 to 9 months). Thanks for any advice. I know it is probably impossible to do this- I think he should just forget about maintaining the green card at this point- but I am hoping for some solution.

[NikLR 13,227]

To maintain a green card he needs to spend more time IN the USA than OUTSIDE it.  Your husband has not been doing that and it sounds like he hasnt had a reentry permit during that time. 

 

I agree with you that he shouldn't even bother with a green card until he's actually ready to live in the USA with you.  

[KULtoATL 1,551]

He left without an AP and would now be deemed having abandoned his LPR. 

 

Had he gotten his AP prior to his departure, even if he spends more than 2 years outside of the US, he'd still have the choice to apply for a SB-1 Returning Resident Visa.

 

At this point, he most likely can only apply for a B2 to visit. Unfortunately, it might be tricky to get one since his wife and kid are in the US. In addition to that, his entries will be scrutinized by CBP at POE if he enters the US too frequently with a B2.

 

Let's wait for others who know more to give you their advice and suggestions

 

I'll leave 2 links for you to read here: https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

 

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Edited September 16, 2017 by KULtoATL

[mollypicon 0]

OP here- we (daughter and I) are planning to move to be with husband soon, so I don't think he would have trouble getting a tourist visa based on us being in the U.S. He has spent around 2-3 months a year in the U.S. in the past few years and so far has been able to enter the U.S. every time, but it is ridiculously expensive to do this.

[Crazy Cat 41,888]

6 minutes ago, mollypicon said:

OP here- we (daughter and I) are planning to move to be with husband soon, so I don't think he would have trouble getting a tourist visa based on us being in the U.S. He has spent around 2-3 months a year in the U.S. in the past few years and so far has been able to enter the U.S. every time, but it is ridiculously expensive to do this.

This is NOT a good situation.  You might want to consult an attorney.  A reasonable person might conclude that your husband has abandoned his Green Card.  He could face a very difficult time trying to re-enter the US next time........

I'm no expert, so I'll wait to hear what others say.....

[Going through 5,671]

54 minutes ago, mollypicon said:

I am trying to figure out if it is possible for my husband, a U.S. green card holder, to get permission to be out of the country when he has already left,

If he's already left, he can't get permission for leaving.  That's putting the cart before the horse, as they say.

AP isn't approved after a person leaves, but beforehand.  That's the entire purpose of the AP.

 

55 minutes ago, mollypicon said:

He has had a green card since 2012 and has not lived in the U.S. during that time (he has maintained the green card by visiting every 6 to 9 months).

You said it yourself---he's been "visiting" the US, not living in it.  Green cards are for permanent residency within the US, not to be used as a sort of psuedo-tourist visa as he has been since 2012.

 

58 minutes ago, mollypicon said:

I know it is probably impossible to do this- I think he should just forget about maintaining the green card at this point

The green card is about proof of permanent residency in the US.  It's not a matter of maintaining the green card, but maintaining his legal status by living in the US more often in any 12-month period, than being outside the US.  Since he left without an approved AP, he's most likely abandoned his residence status.  By working outside of the US at length, they can use that when considering a determination of abandonment as well.

 

36 minutes ago, mollypicon said:

He has spent around 2-3 months a year in the U.S. in the past few years and so far has been able to enter the U.S. every time,

He's been very lucky up to this point.  Has he ever been in secondary questioning at the border about his long absences?  Has he been honest when crossing back into the US about how long he's been out each time?  The thing about luck, is that luck eventually runs out.

[JFH 12,190]

AP is not required fir green card holders. However, if one does need to be away for an extended time then a re-entry permit should be obtained in advance. This would be for a one-off situation, for example if you had legal matters to attend to in another country that required an extended absence. It's not so that you can use a green card as some kind of "deluxe version" of a tourist visa to visit the USA when you like but maintain the rights of a resident regarding work, etc.

 

He really should formally abandon his residency status if he has no intention of making the USA his home. There is no penalty for relinquishing your green card. The authorities accept that some people will find themselves in a situation whereby being a resident of the USA is not the right choice for them. 

 

I am surprised he has been able to get away with it for as long as he has. 

[Hypnos 6,576]

It sounds like he has abandoned his residency by not living in the US and making it his permanent home. 

 

As others have stated, a green card isn't meant to be used like a tourist visa. 

 

You can only apply for a re-entry permit by being in the US when you file, and he isn't. 

 

He would not be granted any kind of US visa until he formally abandoned his green card by filing an I-407. And if he did attempt entry on his green card, there's a good chance he would either be asked by CBP to do just that, or be referred to immigration court where the government would seek to have a judge revoke his green card there. 

Edited September 16, 2017 by Hypnos

[Going through 5,671]

28 minutes ago, JFH said:

I am surprised he has been able to get away with it for as long as he has. 

I'm not too surprised...but like I said, luck runs out.

I guess it would depend on the country he keeps going back to and how well they maintain exit/entry records for the US to view when he crosses back into the States.

 

I know, in my case, my passport has never been stamped upon entry/exit to Canada, or entry/exit to the US over the past 12 years since living here...so there'd really not be much to go on face-value when proving how long I've been outside of the US (of course, they can look further into the scanned GC info if they want to, but they tend to just flip through passports since the GC isn't scanned every time either, especially if travelling by land).  Sometimes they just rely on the traveler being honest---which is why I was curious before as to how the husband answers the question "how long were you in ____"? when returning, and if he's ever been put into secondary questioning at the border.

 

I'm thinking maybe he might be telling border officials that he's only been outside of the US for a couple of weeks at the most each time...but can't say for sure, of course.  Only he and the OP know that info...

 

 

[mollypicon 0]

1 hour ago, Going through said:

I'm not too surprised...but like I said, luck runs out.

I guess it would depend on the country he keeps going back to and how well they maintain exit/entry records for the US to view when he crosses back into the States.

 

I know, in my case, my passport has never been stamped upon entry/exit to Canada, or entry/exit to the US over the past 12 years since living here...so there'd really not be much to go on face-value when proving how long I've been outside of the US (of course, they can look further into the scanned GC info if they want to, but they tend to just flip through passports since the GC isn't scanned every time either, especially if travelling by land).  Sometimes they just rely on the traveler being honest---which is why I was curious before as to how the husband answers the question "how long were you in ____"? when returning, and if he's ever been put into secondary questioning at the border.

 

I'm thinking maybe he might be telling border officials that he's only been outside of the US for a couple of weeks at the most each time...but can't say for sure, of course.  Only he and the OP know that info...

 

 

 

My husband is from Russia. I should revise the 6 to 9 months explanation. For two years it was every 6 to 9 months, but in the last 3 years it has been every 3-5 months. Could that be why he has been able to visit so many times? He has spent around 75% of his time abroad, but he has been coming to the U.S. for 6 week visits and telecommuting. Now he has moved to Bangkok. He does get stopped at the border for questioning every time he comes to the U.S.; I don't know exactly what he tells them about his primary residence. 

Edited September 16, 2017 by mollypicon

[Going through 5,671]

9 minutes ago, mollypicon said:

My husband is from Russia. I should revise the 6 to 9 months explanation. For two years it was every 6 to 9 months, but in the last 3 years it has been every 3-5 months. Could that be why he has been able to visit so many times? He has spent around 75% of his time abroad, but he has been coming to the U.S. for 6 week visits and telecommuting. Now he has moved to Bangkok. He does get stopped at the border for questioning every time he comes to the U.S.; I don't know exactly what he tells them about his primary residence. 

I guess since the main reason why he lives abroad 75% of the time is due to his employment, that may be why he is admissible to enter every time so far?  I assume he must be showing them some sort of employment verification or paperwork proving he is maintaining US residence in some fashion, that they take into consideration...hard to say without knowing all the facts.  Does he work for the US government in any way? I know certain allowances are given for that.

[mollypicon 0]

31 minutes ago, Going through said:

I guess since the main reason why he lives abroad 75% of the time is due to his employment, that may be why he is admissible to enter every time so far?  I assume he must be showing them some sort of employment verification or paperwork proving he is maintaining US residence in some fashion, that they take into consideration...hard to say without knowing all the facts.  Does he work for the US government in any way? I know certain allowances are given for that.

Thanks for keeping up! I was about to write more stuff. Well, I am guessing that since my husband was visiting his wife and child in the U.S. and then returning abroad to a job (which was not in the U.S> government) that the border guards cut him some slack- is that possible? Now we are moving to be with him, so coming for visits will not make any sense.

[abum 324]

Isn't showing proof of not abandoning LPR status involve some sort of situation where one still has close family members in the USA, maintains property, child still in school in the USA, filing taxes, has US license and bank accounts?

 

In this case, OP's husband might been able to prove all those. 

[Crazy Cat 41,888]

4 minutes ago, abumiqdad said:

Isn't showing proof of not abandoning LPR status involve some sort of situation where one still has close family members in the USA, maintains property, child still in school in the USA, filing taxes, has US license and bank accounts?

 

In this case, OP's husband might been able to prove all those. 

Good question:

 

From USCIS :

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.
• Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
  • The reason for your trip;
  • How long you intended to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.
  • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.

[Going through 5,671]

8 minutes ago, abumiqdad said:

Isn't showing proof of not abandoning LPR status involve some sort of situation where one still has close family members in the USA, maintains property, child still in school in the USA, filing taxes, has US license and bank accounts?

 

In this case, OP's husband might been able to prove all those. 

He might be able to.  Those things certainly help.

 

USCIS will take the strength of his ties *outside* of the country in comparison to that, though....

 

He's maintained employment in a foreign country, to a foreign employer, for 5 years.

He's maintained residence in a foreign country for 5 years.

His time abroad in a foreign country is 75% of the year.

He did not obtain a re-entry permit.

His trips to the foreign country are averaging 5 months at a time or longer.

His trips abroad have been frequent since becoming a LPR.

 

Hopefully he claimed his foreign income on his US taxes, and did not file as a "non-resident" during the past 5 years.