Greencard and complicated situation

[Livef 7]

Hello everyone,

 

Your kind advice with my situation will be greatly appreciated.

 

background

 

Got my greencard Oct 2021 through f24 route under my father

 

Travelled to the US Oct 2021 and stayed for 2 weeks

 

My partner lives in Scotland and we have been trying for a baby for 3 years. She got pregnant January 2022 (and she is high risk). She was very sick and I could not travel back until March 2022. 

 

On arrival border officer asked how long I was in the country previously. I told her and she wrote 5months on the stamp she put on my passport (Which I only realised when I got home). From my understanding the 5 months is from when I was last in the US and when I returned in March 2022.

 

March 2022 I couldn't stay longer than 1 week due to my partner's illness. 

 

Before pregnancy we were planning to get married which we had to put on hold until after birth.

 

My partner cannot support herself during this time and doctor said she will continue on her current treatments for 3 months after birth.

 

Planning ahead for life in the US I got into an investment scheme with my employer which is locked until next year 2023 December with a potential gain of 4 times my investment as long as I am still employed with them. The money from the investment is to help me buy a house in the US. 

 

I am paying for my father's broadband service monthly in the US although it is in my brother's name as they couldn't provide the service in my name. 

 

I have a permanent US mobile that I pay monthly too. 

 

I have moved huge part of my savings to the US.

 

Questions 

 

What do i do to protect my greencard with my current situation?

 

Was the 5 months written on my passport a warning? If yes was the border officer supposed to inform me that i was being warned?

 

Will I be allowed back in the US if I were to travel to avoid staying out too long before our baby is born?

 

What does out of the US for more than 180days mean and is this calculated January to December or from when the greencard was issued?

 

I look forward to your replies please. 

 

Thank you. 

[Boiler 45,525]

Green Card = Legal Permananet Resident.

 

They normally are lenient on new LPR's as they understant there are things to sort oput before your permananent move, which would in my assumption be why they noted the 5 months but did not make a fuss about it.

 

Whether it is practical/logical etc for you to be able to move to the US in your current situation, that is your call.

[Livef 7]

1 hour ago, Boiler said:

Green Card = Legal Permananet Resident.

 

They normally are lenient on new LPR's as they understant there are things to sort oput before your permananent move, which would in my assumption be why they noted the 5 months but did not make a fuss about it.

 

Whether it is practical/logical etc for you to be able to move to the US in your current situation, that is your call.

Thanks for your reply. It is a difficult call thats why I asked the questions so I can make the best decision based on the information I get. 

 

I read about reentry permit which allows 2 years outside the US without affecting my status as LPR holder (I should be ready for a full move by then). Is that advisable at this early stage and does it mean I can't to travel to see my dad for 2 years?

[Mike E 11,739]

4 hours ago, Livef said:

 

 

  What do i do to protect my greencard with my current situation?

Come back to the USA immediately. Expect coercion to sign I-407 to relinquish your status. Refuse to sign.  If you are given a Notice to Appear see a lawyer.  
 

If you manage to be admitted without an NTA then file I-131 immediately. You can the. leave the USA but need to return for biometrics.  
 

You will then be able to be absent for the USA for up to 2 years.  
 

Quote

 

Was the 5 months written on my passport a warning?

Yes.  

Quote

If yes was the border officer supposed to inform me that i was being warned?

no.  Law enforcement officers don’t have to inform you about anything until you are arrested. 
 

Quote

 

Will I be allowed back in the US if I were to travel to avoid staying out too long before our baby is born?

You will be allowed into the USA. Whether it will be as an arriving alien (bad - you are headed to immigration court) or a returning resident (good) is at the discretion of the CBP officer.  

Quote

 

What does out of the US for more than 180days mean

It means significantly elevated suspicion of abandonment of LPR status.  

Quote

 

and is this calculated January to December or from when the greencard was issued?

It is calculated from day you depart the USA to the day you return. 

Quote

 

I look forward to your replies please. 

 

Thank you. 

You are welcome.  

Edited June 18, 2022 by Mike E

[Family 3,988]

2 hours ago, Livef said:

read about reentry permit which allows 2 years outside the US without affecting my status as LPR holder (I should be ready for a full move by then). Is that advisable at this early stage and does it mean I can't to travel to see my dad for 2 years

Your best option is to return asap , file the I-131 and plan to wait in US a few weeks from filing to complete biometrics. Document the extraordinary circumstances for the need to stay outside another two years …health of partner/ spouse, employment obligation..etc.

You have not only been warned but flagged and future quick visits in and out of US no longer possible for you so perhaps dad can plan to visit you and baby until you actually plan to return and set up home in the US. 

Marry your partner and file the I-130 for her asap, baby will be covered in the petition. 

[Livef 7]

3 hours ago, Mike E said:

Come back to the USA immediately. Expect coercion to sign I-407 to relinquish your status. Refuse to sign.  If you are given a Notice to Appear see a lawyer.  
 

If you manage to be admitted without an NTA then file I-131 immediately. You can the. leave the USA but need to return for biometrics.  
 

You will then be able to be absent for the USA for up to 2 years.  
 

Yes.  

no.  Law enforcement officers don’t have to inform you about anything until you are arrested. 
 

You will be allowed into the USA. Whether it will be as an arriving alien (bad - you are headed to immigration court) or a returning resident (good) is at the discretion of the CBP officer.  

It means significantly elevated suspicion of abandonment of LPR status.  

It is calculated from day you depart the USA to the day you return. 

You are welcome.  

Very detailed. Thank you very much @Mike E

[Livef 7]

25 minutes ago, Family said:

Your best option is to return asap , file the I-131 and plan to wait in US a few weeks from filing to complete biometrics. Document the extraordinary circumstances for the need to stay outside another two years …health of partner/ spouse, employment obligation..etc.

You have not only been warned but flagged and future quick visits in and out of US no longer possible for you so perhaps dad can plan to visit you and baby until you actually plan to return and set up home in the US. 

Marry your partner and file the I-130 for her asap, baby will be covered in the petition. 

Thanks a lot for this @Family

[Mike E 11,739]

3 hours ago, Family said:

You have not only been warned but flagged and future quick visits in and out of US no longer possible for you so perhaps dad can plan to visit you and baby until you actually plan to return and set up home in the US. 

If OP has an I-327 (.re-entry permit) would future quick visits to US be possible for the duration of the I-327’s validity?

[Family 3,988]

1 hour ago, Mike E said:

OP has an I-327 (.re-entry permit) would future quick visits to US be possible for the duration of the I-327’s validity?

As far as I know , the re-entry permit allows ONE entry/admission after a prolonged absence ( max 2 years), but one can return sooner if needed. Unlike the Advance Parole ( same form), which can be used for multiple entries. 

So if one were to pop in for a quick visit , then he would need to refile another I-131 from scratch…but I have no cites for you, only drawing on recall of facts particular to an LPR studying abroad, who popped for a short holiday assumed all well, left and got a rude awakening when he wanted to return. 

Perhaps another VJ member may have cites. 

[Mike E 11,739]

Isn’t a re-entry permit in passport book like form factor?

 

image says M for multi entry 

Edited June 18, 2022 by Mike E

[Family 3,988]

5 minutes ago, Mike E said:

Isn’t a re-entry permit in passport book like form factor?

Hmm…it looks like a “ book” form according to new production https://www.uscis.gov/news/alerts/uscis-begins-producing-security-enhanced-travel-documents

 

But, I too remain curious and hope someone can share hands on experience  ( or a cite) with using it multiple times ….because that would make this OPs visits w dad a lot easier, and I would remain grateful to have learned something new and or “unlearn “ something old. 

 

 

 

[Family 3,988]

OH! The image was not uploaded for me , before responding. YOU, dear Sir are brilliant! 
Multiple entries, so NO PROBLEM visiting dad…during the 2 years! Thank You.

[Mike E 11,739]

3 minutes ago, Family said:

Hmm…it looks like a “ book” form according to new production https://www.uscis.gov/news/alerts/uscis-begins-producing-security-enhanced-travel-documents

 

But, I too remain curious and hope someone can share hands on experience  ( or a cite) with using it multiple times ….because that would make this OPs visits w dad a lot easier, and I would remain grateful to have learned something new and or “unlearn “ something old. 

 

 

 

“permit to re-enter”
 

Entries: M

 

nuff said 

[Livef 7]

24 minutes ago, Mike E said:

Isn’t a re-entry permit in passport book like form factor?

 

image says M for multi entry 

I appreciate this. Thanks again 

9 minutes ago, Family said:

OH! The image was not uploaded for me , before responding. YOU, dear Sir are brilliant! 
Multiple entries, so NO PROBLEM visiting dad…during the 2 years! Thank You.

Thats great. Thanks again

[Livef 7]

Hello everyone, thanks for advice last time. I got back and wasn't questioned (thankfully).

Please I want to confirm a few details to avoid making mistake on I131 application.

 

 

Physical address....Will that be my dad's address or my address in Glasgow?

 

Number 6 part 1 what does class of admission mean please?

 

Part 3 number 1 

Date of intended travel can I write ASAP?

 

Part 3 number 2

Expected length of trip. I am not sure what to write. Do I just write 2 years?

 

Part 5

There are different options on how long I have been out of the United states since I got my green card. I am not sure how to calculate it. 

I got the green card October 2021 and traveled to the US same month for 2 weeks and returned in March 2022 (5months after as stated on my passport). I stayed for 1 week and left. I have just returned.

 

It also asked if I have filed federal tax as a nonresident or failed to file a federal income tax return because i consider myself as a non-resident since I got my greencard......I have not filed any tax and do not consider myself as non-resident so do I answer no?

 

Do I need to write a cover letter explaining my situation (main reason high risk pregnancy with illness and i am my girlfriend's main carer)? My dad says we need a lawyer to do the application but I trust your guidance help and would prefer to donation the money I would have given to the lawyer to this forum towards the cost of running it. 

I have attached the form here. 

 

I look forward to your replies. Thanks again. 

 

@Mike E

@Family

 

 

i-131.pdf