RE ENTRY USA

[miajaz052206 0]

hello everyone i have a question.  hope someone can help me, i tried calling u.s embassy Philippines #632-301-2000 operator answered me and transferred me to this lady but all she says is ok,OK and never talked tried 10x and got the same lady that answered, i got tired and did  not call back, hope someone can help me here... my question is,  my Father is a 10 yrs green card holder his in Philippines now for vacation and thinking to  fly back here at USA will he still able or allow to enter USA?  do he need a stamp or re entry?  he just renewed his Philippines passport also he has his green card as well.. thank you all and God bless!

[geowrian 22,337]

Entry of any non-USC is at the discretion of the CBP officer. That said, unless there is a good cause for them to deny an LPR ("green card holder"), they shouldn't have any issue. Why precisely does he believe he may not be admitted?

 

No stamp or other document is needed - a valid green card and passport is enough to board the plane and enter the US (again assuming there is no cause to deny entry).

[miajaz052206 0]

2 minutes ago, geowrian said:

Entry of any non-USC is at the discretion of the CBP officer. That said, unless there is a good cause for them to deny an LPR ("green card holder"), they shouldn't have any issue. Why precisely does he believe he may not be admitted?

 

No stamp or other document is needed - a valid green card and passport is enough to board the plane and enter the US (again assuming there is no cause to deny entry).

hi thank you for your reply... i just wanna know before i buy ticket he needs to fly back asap, it might be a risk if he stay longer more than a year, i just wanna make sure that theirs no problem to fly back to USA coz some says  once your lapse 6 months of absence in USA you might considered abandoned your GC. now if his good to fly back does he need a CFO? 

[miajaz052206 0]

20 minutes ago, geowrian said:

Entry of any non-USC is at the discretion of the CBP officer. That said, unless there is a good cause for them to deny an LPR ("green card holder"), they shouldn't have any issue. Why precisely does he believe he may not be admitted?

 

No stamp or other document is needed - a valid green card and passport is enough to board the plane and enter the US (again assuming there is no cause to deny entry).

 

[geowrian 22,337]

19 minutes ago, miajaz052206 said:

hi thank you for your reply... i just wanna know before i buy ticket he needs to fly back asap, it might be a risk if he stay longer more than a year, i just wanna make sure that theirs no problem to fly back to USA coz some says  once your lapse 6 months of absence in USA you might considered abandoned your GC. now if his good to fly back does he need a CFO? 

• If he is abroad for 6 months or longer, the CBP officer may question if he abandoned permanent residence. If it's his first time doing so, they likely won't care or tell him to get a re-entry permit if he will be abroad for a long time beforehand.
• If he is abroad for 1 year or longer, then there is a legal presumption that he did abandon permanent residence. The CBP officer will make a determination and either admit him, parole him in, or detain him. If paroled or detained, he will see an immigration judge to make a final decision to revoke permanent residence or not.
• Alternatively, there is an SB-1 visa for returning residents, although this is fairly difficult to obtain.
• After that he would need to formally adandon his green card and be petitioned for a new immigrant visa.

For the first 2 points above, he should carry evidence of what ties he kept to the US (property/lease/whatever, evidence of filing US taxes, active state or federal IDs, etc.).

If he was abroad for less than 12 months, then I absolutely say go for it...there's very little chance they would deny entry if this is the first time on an extended stay abroad. If over 1 year, it's much more risky.

Edited May 2, 2018 by geowrian

[miajaz052206 0]

20 minutes ago, geowrian said:

• If he is abroad for 6 months or longer, the CBP officer may question if he abandoned permanent residence. If it's his first time doing so, they likely won't care or tell him to get a re-entry permit if he will be abroad for a long time beforehand.
• If he is abroad for 1 year or longer, then there is a legal presumption that he did abandon permanent residence. The CBP officer will make a determination and either admit him, parole him in, or detain him. If paroled or detained, he will see an immigration judge to make a final decision to revoke permanent residence or not.
• Alternatively, there is an SB-1 visa for returning residents, although this is fairly difficult to obtain.
• After that he would need to formally adandon his green card and be petitioned for a new immigrant visa.

For the first 2 points above, he should carry evidence of what ties he kept to the US (property/lease/whatever, evidence of filing US taxes, active state or federal IDs, etc.).

If he was abroad for less than 12 months, then I absolutely say go for it...there's very little chance they would deny entry if this is the first time on an extended stay abroad. If over 1 year, it's much more risky.

thank you so much, i really appreciate all your reply.....i think u answered all my question, thank u again and Godbless you!

[Cyberfx1024 7,980]

12 hours ago, miajaz052206 said:

hello everyone i have a question.  hope someone can help me, i tried calling u.s embassy Philippines #632-301-2000 operator answered me and transferred me to this lady but all she says is ok,OK and never talked tried 10x and got the same lady that answered, i got tired and did  not call back, hope someone can help me here... my question is,  my Father is a 10 yrs green card holder his in Philippines now for vacation and thinking to  fly back here at USA will he still able or allow to enter USA?  do he need a stamp or re entry?  he just renewed his Philippines passport also he has his green card as well.. thank you all and God bless!

How long has he been out of the USA na? As @geowrian said that if it's less than a year and his first time then he will more than likely be a sten "Don't do that again na", but if it's been over a year then he needs the SB-1 if he can get it.

[miajaz052206 0]

8 hours ago, cyberfx1024 said:

How long has he been out of the USA na? As @geowrian said that if it's less than a year and his first time then he will more than likely be a sten "Don't do that again na", but if it's been over a year then he needs the SB-1 if he can get it.

 his been out in USA since aug 11,2017 so this month is 9months now... i am hoping that he can still fly back here in u.s.a 

 

[Sunnyland 639]

He may be questioned at POE but like other said it all depends on the CBP officer at POE if he will be allowed to re-enter. ( months a quite a long time to be away on a GC.  When I traveled on my AP (few years ago) I was sent to secondary inspection after being in my home country for about 2 months. 

[geowrian 22,337]

It is a while and he may be questioned about it or told to get a re-entry permit if he is going to be abroad for so long again, but generally people are fine at 9 months one time. And again, be sure to carry ties he maintained to the US while abroad.

[miajaz052206 0]

On 5/2/2018 at 7:54 PM, geowrian said:

It is a while and he may be questioned about it or told to get a re-entry permit if he is going to be abroad for so long again, but generally people are fine at 9 months one time. And again, be sure to carry ties he maintained to the US while abroad.

like what kind of ties.. we are his family, my mom is here at u.s.a  as well any idea what else proof they need ? mom and my dad filed together for income tax  is that enough?

thanks

Edited May 6, 2018 by miajaz052206

[SusieQQQ 11,586]

On 5/2/2018 at 4:01 PM, miajaz052206 said:

 his been out in USA since aug 11,2017 so this month is 9months now... i am hoping that he can still fly back here in u.s.a 

 

He’ll be fine as long as he hasn’t made a habit of long absences.

 

On 5/2/2018 at 5:48 PM, Sunnyland said:

 When I traveled on my AP (few years ago) I was sent to secondary inspection after being in my home country for about 2 months. 

Well that is extremely unusual. Maybe something to do with theAP or where you are from or something else related to your particular circumstances, but we’ve had much longer absences whede sometimes got some questions but never secondary. 2 months is hardly ever a problem.

[miajaz052206 0]

46 minutes ago, SusieQQQ said:

He’ll be fine as long as he hasn’t made a habit of long absences.

 

Well that is extremely unusual. Maybe something to do with theAP or where you are from or something else related to your particular circumstances, but we’ve had much longer absences whede sometimes got some questions but never secondary. 2 months is hardly ever a problem.

this is his first time, now we are aware about this kind of situation will not happened again for our own sake ... thank you so much for your answer i do appreciate your reply hopefully he can fly back sooner the better....thanks again

[Sunnyland 639]

 

1 hour ago, SusieQQQ said:

 

 

Well that is extremely unusual. Maybe something to do with theAP or where you are from or something else related to your particular circumstances, but we’ve had much longer absences whede sometimes got some questions but never secondary. 2 months is hardly ever a problem.

 

The first POE officer in admissions customs mentioned something that he needed to send me to secondary room because I was travelling on an AP so guess it could be that and that I traveled within my first 10 months of my arrival to US (maybe that?).

I'm from Argentina so that is not the problem since it's not a high risk country but deep inside I knew they would send me to secondary inspection for being 2 months, and then the officer (a 20 something year old lady) at the secondary room had some sort of attitude where she felt she needed to question me the reason why I left before the holidays for 2 months and if I was planning to do the same thing anytime soon which I responded that for that moment I had no plans in traveling abroad but I would do it in case of an emergency. Then she kept thinking and thinking (if she let me re-enter I guess) so I told her if she had any problem she could talk to my husband who was waiting outside (in the welcome area) for me and worried why I was taking so long. I could not even call him. They don't let you.  Right there she just said ok but her looks was more in the line of "do not ever use another AP again" sort of look. She had a problem with me being away for 2 months. I guess each officer is different. She seemed new in her job.

My next trip was with my 2 year GC and then I had no problem in my return. But I was already panicking at the airport thinking they would keep me for hours again. 

 

 

Edited May 6, 2018 by Sunnyland