CBP officer stamped by passport- out for 4 months

[coolhead 0]

1 hour ago, Mike E said:

Correct.  

Not correct.  CBP can take your physical GC.  It must replace it with an alternate I-551 if it does. 

As per CBP policy (see link later in this post):

 

“You can contest the abandonment charge in immigration court. To do this, you will need to inform the CBP officer that you would like to appear before an immigration judge and check the appropriate box on form I-862 (Notice to Appear), which will be provided to you. The CBP officer will collect your actual green card, but will give you a temporary replacement document that confirms that you continue to be a permanent resident of the United States (until the immigration judge makes a final determination on your case). ”

 

 

Not correct.  An LPR is an LPR until a judge removes that status or the LPR voluntarily and without coercion relinquishes it.  
 

“You will then be paroled into the United States. With the temporary replacement document, you will retain the ability to leave and re-enter the United States and work in the United States while your immigration court proceedings are pending.”

 

 

See https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case

 

At a port of entry in USA soil, CBP has no discretion here.  
 

Now it is true that CBP is known to threaten  an LPR otherwise, threaten an LPR with (illegal) ICE detention, and there are instances of CBP  illegally removing  LPRs (and USA citizens) from USA soil.  
 

And these are the risks OP is taking on by continuing to spend more days outside the USA than inside.  
 

5 months in any rolling 12 month period is the most I would ever consider as an LPR, and even then I would file I-131 before doing  so.  Otherwise, 120 days in any rolling 12 month period.   

 

How i am continuing to spend mmore days outside USA. As I have already told you that I am in USA and planninhg to stay in USA for 6-7 months. how my trips are different from someone who take 7-8 month of trip and then admitted .

 

I am just asking if it is safest bet to wait for some days before next trip.

[Mike E 11,739]

11 minutes ago, coolhead said:

How i am continuing to spend mmore days outside USA.

I did the math. That’s your pattern.  
 

11 minutes ago, coolhead said:

 

As I have already told you that I am in USA and planninhg to stay in USA for 6-7 months. how my trips are different from someone who take 7-8 month of trip and then admitted

You are now on CBP’s radar.  And people who take 7 month trips also get on CBP’s radar.  
 

11 minutes ago, coolhead said:

 

I am just asking if it is safest bet to wait for some days before next trip.

Because CBP doesn’t believe you are living in the USA, “safest” is not the correct adjective. Instead “least unsafe” is what you are after. The least unsafe thing to do is to not travel.  If you believe you are strong enough to resist pressure to sign I-407, travel again. I earlier gave you specific advice if you want to defy CBP.
 

 I will also add that you should enroll in Global Entry as that will limit your interactions with CBP officers.  

[coolhead 0]

3 minutes ago, Mike E said:

I did the math. That’s your pattern.  
 

You are now on CBP’s radar.  And people who take 7 month trips also get on CBP’s radar.  
 

Because CBP doesn’t believe you are living in the USA, “safest” is not the correct adjective. Instead “least unsafe” is what you are after. The least unsafe thing to do is to not travel.  If you believe you are strong enough to resist pressure to sign I-407, travel again. I earlier gave you specific advice if you want to defy CBP.
 

 I will also add that you should enroll in Global Entry as that will limit your interactions with CBP officers.  

so you are saying, one should n't travel rest of life or till has Green card.?

[Mike E 11,739]

4 minutes ago, coolhead said:

so you are saying, one should n't travel rest of life or till has Green card.?

Asked and answered.  

[millefleur 5,046]

31 minutes ago, Mike E said:

 I will also add that you should enroll in Global Entry as that will limit your interactions with CBP officers.  

That is a good suggestion but one wonders if that annotation in OP's passport might make it harder to get approved. Nevertheless, it's worth looking into. In case OP is interested, looks like they have special instructions for Indian nationals:

 

https://www.cbp.gov/travel/trusted-traveler-programs/global-entry/international-arrangements/global-entry-indian-citizens

[coolhead 0]

11 minutes ago, millefleur said:

That is a good suggestion but one wonders if that annotation in OP's passport might make it harder to get approved. Nevertheless, it's worth looking into. In case OP is interested, looks like they have special instructions for Indian nationals:

 

https://www.cbp.gov/travel/trusted-traveler-programs/global-entry/international-arrangements/global-entry-indian-citizens

I think it is for those who are not U.S. citizens or U.S. lawful permanent resident. Actually i have a long travel history. If i calculate from staring, I am spending 62% time in USA and rest in India. I am just hoping during my next visit for 2-3 weeks after 6-7 months will not bother me much.

Edited February 9, 2022 by coolhead

[Mike E 11,739]

12 minutes ago, coolhead said:

I think it is for those who are not U.S. citizens or U.S. lawful permanent resident. Actually i have a long travel history. If i calculate from staring, I am spending 62% time in USA and rest in India. I am just hoping during my next visit for 2-3 weeks after 6-7 months will not bother me much.

LPRs and US citizens can get global entry.  
 

As can Indians.  

[coolhead 0]

If a person coming to USA after 250 days it is ok. and he person has take two three-three month trip then it is a problem for CBP.

[African Zealot 1,455]

The fact of the matter is that you met an aggressive CBP officer.  Generally, there are two ways outlined in the statute in which the continuity of residence can be broken:

 

  Quote

 

• The applicant is absent from the United States for more than 6 months but less than 1 year; An absence of more than 6 months (more than 180 days) but less than 1 year (less than 365 days) is presumed to break the continuity of residence.

• The applicant is absent from the United States for 1 year or more. An absence from the United States for a continuous period of 1 year or more (365 days or more) will automatically break the continuity of residence.

An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States. An LPR’s lengthy or frequent absences from the U.S. can also result in a denial of naturalization due to abandonment of permanent residence.

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

Clearly the CBP officer was overzealously exercising his discretion applying the “multiple absences less than six months” criteria. With you filing taxes in the USA earning a salary here, and all the other things you have been doing to maintain residency, if it ever gets to immigration court with them trying to revoke your residency, you can rest assured the immigration judge will throw them out of court in a hurry.

 

But the question is, do you even want to get to that point? No! Thus in your case I will wait a minimum of six months before going on another trip.

Edited February 9, 2022 by African Zealot

[coolhead 0]

5 minutes ago, African Zealot said:

 

The fact of the matter is that you met an aggressive CBP. Aside from the very clear rules about when a permanent resident has broken residency.

 

Generally, there are two ways outlined in the statute in which the continuity of residence can be broken:

 

  Quote

 

• The applicant is absent from the United States for more than 6 months but less than 1 year; An absence of more than 6 months (more than 180 days) but less than 1 year (less than 365 days) is presumed to break the continuity of residence.

• The applicant is absent from the United States for 1 year or more. An absence from the United States for a continuous period of 1 year or more (365 days or more) will automatically break the continuity of residence.

An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States. An LPR’s lengthy or frequent absences from the U.S. can also result in a denial of naturalization due to abandonment of permanent residence.

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

Clearly the CBP officer was overzealously exercising his discretion applying the “multiple absences less than six months” criteria. With you filing taxes in the USA and all the other things you e been doing to maintain residency, if it ever gets to immigration court with them trying to revoke your residency, you can rest assured the immigration judge will throw them out of court in a hurry.

 

But the question is, do you even want to get to that point? No! Thus in your case I will wait a minimum of six months before going on another trip.

Actaully i had return ticket. I wanted to go for 10 days for my close friend's marriage and i came to US early because my lease for my room was about to end. I thought I will get my lease signed and then will leave for 10 days. He got angry when he see my return ticket. Now i have abondened the plan and cancel my ticket. I am just worrying during my next trip which i will take most probably after 6-7 months that he will cancel my green card beacuse of my past travel history and beacuse i had return ticket during my previous trip...

[African Zealot 1,455]

1 minute ago, coolhead said:

I am just worrying during my next trip which i will take most probably after 6-7 months that he will cancel my green card beacuse of my past travel history and beacuse i had return ticket during my previous trip...

He cannot cancel your green card. Stop worrying about nothing. Just stay for seven months before your next trip and all this stress will be behind you. CBP officer has very little power over permanent resident. Worst he can do is initiate removal proceedings.

 

Relax!

[coolhead 0]

3 minutes ago, African Zealot said:

He cannot cancel your green card. Stop worrying about nothing. Just stay for seven months before your next trip and all this stress will be behind you. CBP officer has very little power over permanent resident. Worst he can do is initiate removal proceedings.

 

Relax!

Thanks Sir. Finally someone gave me hope for next trip.. Thank you so much... Have we seen CBP initiate removal proceedings for frequent travelers and on the basis of return tickets? note: I spent 62% of time in USA or last 5 years including time of 14 month trip with reentry permit? 

[African Zealot 1,455]

13 minutes ago, coolhead said:

Have we seen CBP initiate removal proceedings for frequent travelers and on the basis of return tickets? note: I spent 62% of time in USA or last 5 years including time of 14 month trip with reentry permit? 

You’re still worrying 🤣😂🤣. Dude CBP cannot revoke your permanent residency, and definitely not based on you purchasing a return ticket back to your original country. That’s ludicrous. Stop stressing yourself over a minor issue and get off Visajourney for a bit and breathe some fresh air.

[coolhead 0]

1 minute ago, African Zealot said:

You’re still worrying 🤣😂🤣. Dude CBP cannot revoke your permanent residency, and definitely not based on you purchasing a return ticket back to your original country. That’s ludicrous. Stop stressing yourself over a minor issue and get off Visajourney for a bit and breathe some fresh air.

This is exactly I am going to do ...... Actually sometime we get worried by reading content and answers. thank you for that

[iwannaplay54 985]

23 hours ago, coolhead said:

Please find below my trips last year

3 April to 3 July-- 91 days (India)
3 -Sept to 12 Sept- 10 days (Maldivies, India)
24 Oct to 12 Jan- 81 days (India)

When I entered USA this 12 Jan. CBP officer stamped my passport 'Out for 4 months' and warned me that during my next entry they will take my green card. I planning to take trip of 3-4 weeks in July 2022. will that create issue.

During the above trips, I had my job in USA (working remotely from India), slary was paid in US account and surely will file taxes. I am visiting India frequently only beacuse my spouse is in INdia and her visa is gettig delayed due to COVID. I just want to check how much should i wait for next trip. I will keep the trip short but what should be ideal time so that CBP will not give me headache.

He’s bluffing.  He can’t take your green card and you’re nowhere near abandonment.

 

We had one stamped “out 11 months”, left, came back 4 months later, officer never blinked on return.

 

No matter what, if you have been out less than a year, do not sign anything to give up a green card and do not give it up.  Ask for a hearing.  A CBP officer does not have any authority to take a valid green card and they lie to you to make you think they can.

 

 

 

Edited February 10, 2022 by iwannaplay54