"Living overseas"while waiting for 10ys GC

[Nitas_man 3,100]

9 hours ago, lcsbr said:

Im asking this for a friend:

 

 

"I know a lot of people find this subject a little controversial. but it is what it is.

 

I filed for Removal of Conditions in September 2020( divorce waiver ) and yet, no updates!

I have the 18 months extension letter, that's gonna expire on April 30th, 2022.

 

I just got a scholarship to study in the UK for 4 years.

That would actually be 2,5 year, then 1,5 years

 

My classes start in September 2021 in the United Kingdom.

I know there is a chance that I have to deal with RFE's ( I personally believe that this chance might be small because I sent a lot of proof of bona fide marriage,

proof of the reasons the marriage ended, also I already sent my divorce decree,  so I think Im good(?).  

Also I know that I have to be in the US on April 2021 to request a info pass ( to get another 1 year extension-  since the GC processing time is taking forever )

 

But anyway, I don't wanna loose my scholarship because Im waiting for the second green card. My initial plan was to just "move" to the UK, and once the second green card is approved, Apply for a reentry permit.

 

All my friends are saying that Im crazy to do that, that Im gonna end up losing my green card. 

I wanna return to the US after my studies but right now my opportunity is in Europe."

 

So what do you guys think? Is that a really bad idea? what would you do ?

 

 

 

 

 

 

 

 

 

Not a chance of keeping that card in this situation

6 hours ago, lcsbr said:

we don't know...that is why we posted here 

Not gonna happen

[Nitas_man 3,100]

8 minutes ago, Mike E said:

Re-entry permits are the preferred way to go.  But it is improbable she would have one in hand before September 2021.  
 

She can try coming back to the USA every 5 months, spending a day in the USA and then returning to the UK.  
 

I would say the odds of her getting a secondary inspection over the next 4 years approach 99 percent.  
 

The first time she is caught she will get a warning.  The second time, it is probable she will get pressure to sign an I-407 to relinquish her status.  So after the first warning, apply for an SB-1.  
 

Since her priority is the education over the green card, she risks nothing by trying.  

SB1 requires the immigrant to qualify for stand-alone immigration benefits.  Also requires a sponsor.

 

She won’t.  She doesn’t qualify for benefits under any category.  Divorced.  If “married to USC spouse” that gets her in the door to apply.  
 

So a travel document will buy time.  Not that much time.

 

 

Edited May 21, 2021 by Nitas_man

[Cathi 5,748]

A green card, conditional or permanent, is for living in the U.S. It isn't for visiting from time to time. Just sayin'

A decision needs to be made- what's more important, keeping a green card or getting an education in another country? Can't have both, it isn't the way immigration works. Trying to circumvent the system in order to attempt both, will not end well.

[lcsbr 2]

hey guys, thank you for the answers...but she really needs to leave in September, so she is not gonna apply for a Reentry Permit now.

she is coming back to the US on April ( probably for 1 month ), 1 month before her 18 letter extension letter expire.

then she leaves again to the UK.

Once she get her 10 year green card ( if she really gets one ), she is gonna come to the US to apply for the reentry permit....

 

yes, her priority is her studies now,  she is gonna try to keep the green card, with Reentry Permits and so, but we know that's not guarantee

 

btw I heard about people who lives in Mexico for 5-6 years to go to college and keep their GC with reentry permits, so I don't understand why my friends case is so different...

Edited May 22, 2021 by lcsbr

[SusieQQQ 11,586]

8 minutes ago, lcsbr said:

hey guys, thank you for the answers...but she really needs to leave in September, so she is not gonna apply for a Reentry Permit now.

she is coming back to the US on April ( probably for 1 month ), 1 month before her 18 letter extension letter expire.

then she leaves again to the UK.

Once she get her 10 year green card ( if she really gets one ), she is gonna come to the US to apply for the reentry permit....

 

yes, her priority is her studies now,  she is gonna try to keep the green card, with Reentry Permits and so, but we know that's not guarantee

 

btw I heard about people who lives in Mexico for 5-6 years to go to college and keep their GC with reentry permits, so I don't understand why my friends case is so different...

5 years maybe, not 6. Already said 5 years is possible. Her problem is currently  she does not have an unconditional green card and there is a high chance she won’t get a re-entry permit before she leaves. I am sure the people you heard about had unconditional green cards and applied for ReP in time. The plan you have outlined above..is kind of shambolic to be honest. She really should get her ducks in a row before she leaves.

[Mollie09 1,543]

 

15 minutes ago, lcsbr said:

btw I heard about people who lives in Mexico for 5-6 years to go to college and keep their GC with reentry permits, so I don't understand why my friends case is so different...

Probably as commuter LPRs, which is only possible for Mexicans and Canadians.

[lcsbr 2]

10 minutes ago, SusieQQQ said:

5 years maybe, not 6. Already said 5 years is possible. Her problem is currently  she does not have an unconditional green card and there is a high chance she won’t get a re-entry permit before she leaves. I am sure the people you heard about had unconditional green cards and applied for ReP in time. The plan you have outlined above..is kind of shambolic to be honest. She really should get her ducks in a row before she leaves.

but the Reentry Permit is for stay longer than 1 year right? she is coming back on April..thats like 6-7 months.

yeah, I know the plan is confusing. that's why im trying to help her to find a better solution, like wait to receive the 10 year green card, but she just told me that's not a option....

she also explained that she needs to be in the UK for 2 years....4 years is the total but its not continuous...so after the 2 years she would be "moving to the us" again....if they allow her........

 

 

edit: honestly she just wants to keep the GC coz who wants to lose a GC but is really not her priority

 

Edited May 22, 2021 by lcsbr

[Nitas_man 3,100]

8 hours ago, lcsbr said:

but the Reentry Permit is for stay longer than 1 year right? she is coming back on April..thats like 6-7 months.

yeah, I know the plan is confusing. that's why im trying to help her to find a better solution, like wait to receive the 10 year green card, but she just told me that's not a option....

she also explained that she needs to be in the UK for 2 years....4 years is the total but its not continuous...so after the 2 years she would be "moving to the us" again....if they allow her........

 

 

edit: honestly she just wants to keep the GC coz who wants to lose a GC but is really not her priority

 

Where does she plan to keep the US residence that is required of green card holders?

[Unlockable 7,314]

10 hours ago, lcsbr said:

but the Reentry Permit is for stay longer than 1 year right? she is coming back on April..thats like 6-7 months.

yeah, I know the plan is confusing. that's why im trying to help her to find a better solution, like wait to receive the 10 year green card, but she just told me that's not a option....

she also explained that she needs to be in the UK for 2 years....4 years is the total but its not continuous...so after the 2 years she would be "moving to the us" again....if they allow her........

 

 

edit: honestly she just wants to keep the GC coz who wants to lose a GC but is really not her priority

 

The plan is not confusing... it is simply very risky. She can attempt it, yes. But she needs to very, very prepared for the realization that she may lose her green card. 

 

There is no guaranteed method we, nor any

immigrantion expert/attorney, can tell you that will 100% work.

 

All you can do to help her is make her understand that her eventually losing her GC is a very real possibility, even with her elaborate plan.

 

It is up to her to roll the dice.

Edited May 22, 2021 by Unlockable

[Boiler 45,486]

I am now not clear what her plan is, and that is hardly unusual when the information is second hand.

 

Still intrigued as to whether she applied as a US or UK resident.

 

Best to consult with a Lawyer familiar with Abandonment issues, most are not.

[mindthegap 2,590]

Can they do this? Yes.

Will they get away with it? Yes, no, maybe. 
 

Studying is a perfectly valid reason to be overseas for an extended period but you also MUST maintain ties to the US, and have a very clear intent to return post-studies.
There is various case law regarding this. 

Maintain as many ties to the US as is possible - bank account, drivers license, cell phone, lease/ apartment/furniture if possible would be exceptional evidence, and return here very regularly - a trip for a day every six months simply won’t cut it.

If you have nothing tying you to here whatsoever, then you clearly aren’t a resident and have moved permanently overseas. 

 

Also understand that if you were to get issues returning into the US at any time with a 10 year card (or a 2 year card) you are entitled by law to a hearing with an immigration judge.
Your status cannot and will not be stripped just like that, you won’t be refused entry or sent back to the UK if presenting at POE as a LPR. Nor can you be forced or pressured into filing an I-407 at a POE.

It doesn’t work that way. 
 

 

The scholarship and however it was obtained is really an issue for the authorities in the UK, and USCIS really won’t care, nor does it affect that. 
Many would do the same if it saved them a fortune in international course fees by being a UK passport holder and claiming they were still resident (or never notified the authorities that they left in the first place), unless you like wasting money. 
 

 

Edited May 22, 2021 by mindthegap

[lcsbr 2]

22 minutes ago, mindthegap said:

Can they do this? Yes.

Will they get away with it? Yes, no, maybe. 
 

Studying is a perfectly valid reason to be overseas for an extended period but you also MUST maintain ties to the US, and have a very clear intent to return post-studies.
There is various case law regarding this. 

Maintain as many ties to the US as is possible - bank account, drivers license, cell phone, lease/ apartment/furniture if possible would be exceptional evidence, and return here very regularly - a trip for a day every six months simply won’t cut it.

If you have nothing tying you to here whatsoever, then you clearly aren’t a resident and have moved permanently overseas. 

 

Also understand that if you were to get issues returning into the US at any time with a 10 year card (or a 2 year card) you are entitled by law to a hearing with an immigration judge.
Your status cannot and will not be stripped just like that, you won’t be refused entry or sent back to the UK if presenting at POE as a LPR. Nor can you be forced or pressured into filing an I-407 at a POE.

It doesn’t work that way. 
 

 

The scholarship and however it was obtained is really an issue for the authorities in the UK, and USCIS really won’t care, nor does it affect that. 
Many would do the same if it saved them a fortune in international course fees by being a UK passport holder and claiming they were still resident (or never notified the authorities that they left in the first place), unless you like wasting money. 
 

 

 

I agree with you. Study should be a valid reason to be overseas, as long as you maintain your ties to the US

I just don't understand why everybody is saying the plan is "crazy". So why the Reentry permits exist?

the girl wants to move back to American once she finish her studies, its just she cannot afford them in America

 

 

[SusieQQQ 11,586]

20 minutes ago, lcsbr said:

 

I agree with you. Study should be a valid reason to be overseas, as long as you maintain your ties to the US

I just don't understand why everybody is saying the plan is "crazy". So why the Reentry permits exist?

the girl wants to move back to American once she finish her studies, its just she cannot afford them in America

 

 

Did you miss the part where she doesn’t have a 10 year green card yet? That is the problem with the plan/re-entry permits.

 

 

Edited May 22, 2021 by SusieQQQ

[Dashinka 24,493]

3 hours ago, lcsbr said:

 

I agree with you. Study should be a valid reason to be overseas, as long as you maintain your ties to the US

I just don't understand why everybody is saying the plan is "crazy". So why the Reentry permits exist?

the girl wants to move back to American once she finish her studies, its just she cannot afford them in America

 

 

The crazy part is not having the ROC complete yet, and then trying to schedule timing for RePs based on USCIS and their processing times.  There are a lot of issues with this plan and any one of them can present problems.

[Kai G. Llewellyn 837]

5 hours ago, mindthegap said:

Can they do this? Yes.

Will they get away with it? Yes, no, maybe. 
 

Studying is a perfectly valid reason to be overseas for an extended period but you also MUST maintain ties to the US, and have a very clear intent to return post-studies.
There is various case law regarding this. 

Maintain as many ties to the US as is possible - bank account, drivers license, cell phone, lease/ apartment/furniture if possible would be exceptional evidence, and return here very regularly - a trip for a day every six months simply won’t cut it.

If you have nothing tying you to here whatsoever, then you clearly aren’t a resident and have moved permanently overseas. 

 

Also understand that if you were to get issues returning into the US at any time with a 10 year card (or a 2 year card) you are entitled by law to a hearing with an immigration judge.
Your status cannot and will not be stripped just like that, you won’t be refused entry or sent back to the UK if presenting at POE as a LPR. Nor can you be forced or pressured into filing an I-407 at a POE.

It doesn’t work that way. 
 

 

The scholarship and however it was obtained is really an issue for the authorities in the UK, and USCIS really won’t care, nor does it affect that. 
Many would do the same if it saved them a fortune in international course fees by being a UK passport holder and claiming they were still resident (or never notified the authorities that they left in the first place), unless you like wasting money. 
 

 

It's a possibly risky move, but I would say it is possible as studying overseas is an acceptable reason to be out of the US as other's have mentioned. Additionally any REP they get right now will only be valid up to the ADIT stamp or extension letter they have, so not really much use there. However, if they are prepared to make many flights between the UK and the US it could work.

 

As in, the person should fly out to the UK, return for any ROC interview or requirements and to receive the 10 year green card. Apply for the Re-Entry Permit in the US, and return to the US again for biometrics and have the REP sent to a Consulate in the UK. Rinse and repeat for the REP until the end of the course. Naturally this is a pain in the backside!

 

However, while the REP does help to show that the person did not intend to give up that status and is good for a two year period outside of the US, the person can negate needing the REP altogether if they are prepared to return to the US several times a year and maintaining US ties. A lot of international students in the UK tend to go back to their home countries outside of term time. I would suggest that the most prudent thing to do therefore is only stay in the UK while classes are in session, this will greatly demonstrate your intent to return to the US and avoid scrutiny over your green card status and save you from messing around with Re-Entry permits. The 1 year entry validity clock on the Green Card is reset with each entry to the US for the duration of the Green Card's validity.

 

@Mindthegap is right, only an IJ can strip someone of their LPR status. CBP can pressure to sign I-407, but it's just that.... pressure - there is no legal requirement that the person signs I-407 at the PoE... CBP will only refer a suspected LPR who abandoned status for removal proceedings with the judge, but until a decision is made they remain a LPR.

 

The path of least headaches would be deferring study until they can acquire US citizenship, then they will be free to come and go as they please.

Edited May 22, 2021 by Kai (CanadaDude)