Should we not take a Cruise Right After SB1 Visa? / Green Card and Passport Names Different

[Johnny S 0]

My roommate has a valid 10 year green card.  She was out of the country for four years which in most cases would have resulted in her losing her green card. She was fortunate to receive an SB1 Visa where she demonstrated that not returning to the US was beyond her control.  She returned to the U.S. a couple weeks ago.

 

Not thinking things through I booked us a three day mini-cruise out of Los Angeles to Mexico and back (non-refundable of course).

 

Should we worry at all about her being denied entry back into the U.S by CBP?  Could they reason that after she was gone for four years and then 40 days later she takes off out of the country again, that this demonstrates that she is not taking her residency seriously? (even though this is an obvious quick vacation/holiday)

 

To make things more complicated, her passport name does not match her green card name.  This is because she is recently divorced and changed her name back to her maiden name.  Her passport is in her current name and the green card is still in her married name.  She has documentation of the divorce and name change,

 

To avoid any risk should we just suck it up and forget about the cruise? If so, how long before she should not worry about travelling internationally again?

Edited May 24, 2018 by Johnny S

[Teemo 252]

1 hour ago, Johnny S said:

My roommate has a valid 10 year green card.  She was out of the country for four years which in most cases would have resulted in her losing her green card. She was fortunate to receive an SB1 Visa where she demonstrated that not returning to the US was beyond her control.  She returned to the U.S. a couple weeks ago.

 

Not thinking things through I booked us a three day mini-cruise out of Los Angeles to Mexico and back (non-refundable of course).

 

Should we worry at all about her being denied entry back into the U.S by CBP?  Could they reason that after she was gone for four years and then 40 days later she takes off out of the country again, that this demonstrates that she is not taking her residency seriously? (even though this is an obvious quick vacation/holiday)

 

To make things more complicated, her passport name does not match her green card name.  This is because she is recently divorced and changed her name back to her maiden name.  Her passport is in her current name and the green card is still in her married name.  She has documentation of the divorce and name change,

 

To avoid any risk should we just suck it up and forget about the cruise? If so, how long before she should not worry about travelling internationally again?

SB1 being granted means she is in valid lawful permanent resident status and her green card is valid, correct? If so then she has all the rights and privileges of a green card holder, including coming back after vacations pending customary CBP inspection. 

[Ontarkie 14,378]

How soon after her return will this cruise be? 

 

She had to prove her long stay abroad was out of her control. But leaving even for a 3 day vacation may cause some questions if it's really soon after her return. 

Personally, I don't think the cruise will be problem.

I would not take any long trips anytime soon after being gone for 4 yrs. She needs to make sure she is all set up here in the US again. She would not want to give the impression she is using the GC as a visitor visa to the US. 

[Johnny S 0]

The cruise is 40 days after her reentry.

 

I had a couple conversations with CBP customer service.  One agent said no problem.  The other agent said everything is up to the discretion of the officer you encounter when you return to the U.S.    If they think she is abusing the system they would document that and she would likely have to appear in court.   That, however, seems to be standard for anyone entering the U.S. with a green card.  If the officer feels something sketchy is going on they can take action. 

 

 

[Ontarkie 14,378]

Yes very much up to their discretion. I don't think a 3 day cruise would be a problem personally.

 

[Teemo 252]

On 5/30/2018 at 7:06 PM, Johnny S said:

The cruise is 40 days after her reentry.

 

I had a couple conversations with CBP customer service.  One agent said no problem.  The other agent said everything is up to the discretion of the officer you encounter when you return to the U.S.    If they think she is abusing the system they would document that and she would likely have to appear in court.   That, however, seems to be standard for anyone entering the U.S. with a green card.  If the officer feels something sketchy is going on they can take action. 

 

 

Everything is up to CBP discretion as only US citizens are guaranteed entry so that's just a generic answer. They are concerned with abandonment of residency. A 3 day cruise in no way shape or form resembles an abandonment.  She's fine. 

[TBoneTX 45,865]

For complete peace of mind, I would call the Port of Entry in advance to ask your question.

Write down the date, time, and name of the agent with whom you speak.

Carry this information with you for when you return.  This is all "just in case."

 

Go to www.cbp.gov and search for "ports of entry" to find your POE.