Staying outside of US 5 months or 11 months?

[ivantran85 1]

Does anybody know if my mom can do her biometric in Guam. She has appointment in Cleveland Ohio, but GUAM is so much closer to Vietnam

 

[march16filer 153]

5 minutes ago, mmsk said:

 

Coming to US every 5 months or whatever is risky. That’s why I recommend to apply for re entry permit for any person who plans to be out of the states for long time.

YOU RIGHT. If your friend fought for it, she may kept it but it is all depends on the immigration judge and the us ties that your friend will present in front of the judge. It will be complex but not impossible.

Yeah, I agree. A good immigration attorney would have been able to beat it. 

[mmsk 9]

2 minutes ago, junkmart said:

That's what SHOULD happen. If you abuse your green card, it should be taken away. I believe that OPs mother's GC should also be taken away, if she won't do it voluntarily.

 

The purpose of the green card is to live in the US. Not to visit every 5 months to get a re-entry permit so that you can live outside of the US.

re entry permit is a legal way to protect your green card while you are abroad. It is a permission that you get from USCIS after you explain to them the need for it. You pay a fee for it about $600. 

I beleive that we should not judge people negatively if they are using re entry permit. We don’t know what they have been through or why they need it. 

[junkmart 320]

Just now, mmsk said:

re entry permit is a legal way to protect your green card while you are abroad. It is a permission that you get from USCIS after you explain to them the need for it. You pay a fee for it about $600. 

I beleive that we should not judge people negatively if they are using re entry permit. We don’t know what they have been through or why they need it. 

Agree, but not in the case of the OPs mother who is living in another country in order to run her business in that country.

 

With a good attorney, your friend probably could have won. But you said that your friend with a GC "used to come to the US every 5 months for a few days",  I assume to obtain another re-entry permit to be out of the US for another 5 months. If you repeat that pattern over and over you will draw attention, and like your friend, risk losing your GC. Re-entry permits are not meant so that you can maintain a residence in another country. I'm open to being corrected by a more senior member with more knowledge than myself.

[mmsk 9]

13 minutes ago, ivantran85 said:

Does anybody know if my mom can do her biometric in Guam. She has appointment in Cleveland Ohio, but GUAM is so much closer to Vietnam

 

If Guam is a US territory, I beleive it is fine but will they accept her walking in biometric? 

 

I suggest you to ask an expert lawyer to make sure if the USCIS will accept biometric from Guam .

[payxibka 10,045]

2 minutes ago, mmsk said:

If Guam is a US territory, I beleive it is fine but will they accept her walking in biometric? 

 

I suggest you to ask an expert lawyer to make sure if the USCIS will accept biometric from Guam .

A USCIS facility is a USCIS facility wherever it is located.   

 

The question is the ability to walk in

[mmsk 9]

4 minutes ago, junkmart said:

Agree, but not in the case of the OPs mother who is living in another country in order to run her business in that country.

 

With a good attorney, your friend probably could have won. But you said that your friend with a GC "used to come to the US every 5 months for a few days",  I assume to obtain another re-entry permit to be out of the US for another 5 months. If you repeat that pattern over and over you will draw attention, and like your friend, risk losing your GC. Re-entry permits are not meant so that you can maintain a residence in another country. I'm open to being corrected by a more senior member with more knowledge than myself.

Agree with you. People should not abuse the system.

 

Re entry permit is for temporary stay out of the US. Plus the beneficiary must comply to US law include paying tax while abroad. It is written in the re entry permit 

3 minutes ago, payxibka said:

A USCIS facility is a USCIS facility wherever it is located.   

 

The question is the ability to walk in

 

Thanks for clarification.

[Going through 5,669]

Generally speaking, a reentry permit is for temporarily residing/working outside of the US while maintaining US residence status.  

One of the requirements for the reentry permit is that the applicant has no intention of giving up the US as their permanent residence, and plans on returning to physically reside there.

 

Unfortunately one of the loopholes of reentry permits is that they can be subject to abuse.

 

One VJ member already learned this the hard way when their mother kept "renewing" her reentry permit (I believe it took a total of 4 times before she was finally denied) because she didn't want to part with her LPR status, but also didn't want to part with living in her home country.  Immigration court, LPR status revoked in the end.  Subsequent tourist visa denied afterwards, likely the prior abuse of the system before played a hand in that as well.

[junkmart 320]

Just now, mmsk said:

Agree with you. People should not abuse the system.

 

Re entry permit is for temporary stay out of the US. Plus the beneficiary must comply to US law include paying tax while abroad. It is written in the re entry permit 

Also, you were right before. I am making assumptions. I should have left it general. There are valid reasons for getting reentry permits and staying out of the US for extended periods of time.

[march16filer 153]

2 minutes ago, Going through said:

Generally speaking, a reentry permit is for temporarily residing/working outside of the US while maintaining US residence status.  

One of the requirements for the reentry permit is that the applicant has no intention of giving up the US as their permanent residence, and plans on returning to physically reside there.

 

Unfortunately one of the loopholes of reentry permits is that they can be subject to abuse.

 

One VJ member already learned this the hard way when their mother kept "renewing" her reentry permit (I believe it took a total of 4 times before she was finally denied) because she didn't want to part with her LPR status, but also didn't want to part with living in her home country.  Immigration court, LPR status revoked in the end.  Subsequent tourist visa denied afterwards, likely the prior abuse of the system before played a hand in that as well.

Yep, that makes absolute sense. 

[Ban Hammer 13,136]

1 hour ago, march16filer said:

I would be very nervous about this, to be honest. CBP are pulling some weird ####### these days.

 

I have a friend who's been a green card holder for years, and used to come to the US every 5 months for a few days and they actually took away her green card at JFK and scheduled an interview with an officer a couple of months after and basically told her "Either you give it up willingly and be able to apply for a US Visa or fight it and you won't be admitted to the US anymore."

I think this was just bullsh*t because a good lawyer could have fought it and won, but, she wasn't up for a fight and they basically scared her.

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charles

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[march16filer 153]

6 minutes ago, Ban Hammer said:

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charles

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Cool, thanks!