GC Holders & U.S. citizen child - Entering the U.S. after 4 years

[OldUser 8,786]

2 minutes ago, Boiler said:

 

Agreed, OP's plan to leave right now after prior history is Russian rulette.

[marauder1905 5]

Thanks all for your comments and heads up. I will reconsider.

 

One question though: Since I have SB-1 stamped on my passport, does that mean the CBP accepted the fact that I was out of the country for an extended period and accordingly they granted me SB-1 after explaining to them I still have ties to the US. Thus, they let me in without an NTA. Does that make things better or reset things our family?

[Crazy Cat 43,326]

20 minutes ago, marauder1905 said:

Does that make things better or reset things our family?

No.  History is history.  

[marauder1905 5]

Sure but CBP allowed me in knowing that I had already been out of the country for 4 years after a long secondary inspection and stamped my passport with SB-1. So, that does not mean anything at all? Considering I would be out of the country for a few weeks or like a month per year?

[Crazy Cat 43,326]

17 minutes ago, marauder1905 said:

Sure but CBP allowed me in knowing that I had already been out of the country for 4 years after a long secondary inspection and stamped my passport with SB-1. So, that does not mean anything at all? Considering I would be out of the country for a few weeks or like a month per year?

It means you were lucky, ...that time, imo.  Your history is on file....and it matters.  My 2 cents.  Others might disagree.

Edited April 12 by Crazy Cat

[marauder1905 5]

That's fair, I am also talking to a few immigration attorneys soon.

[appleblossom 3,765]

19 hours ago, marauder1905 said:

Sure but CBP allowed me in knowing that I had already been out of the country for 4 years after a long secondary inspection and stamped my passport with SB-1. So, that does not mean anything at all? Considering I would be out of the country for a few weeks or like a month per year?

 

That was a one off decision, and was based on you saying you were returning to the US permanently. It has no bearing on future entries. Personally, there’s no way I’d be risking a 2 month stint out of US just after being granted a SB-1. 

 

I think it will also depend on the reason for the trip. Why do you all ’need’ to be in your home country for 2 months? Couldn’t just one of you go? At least that way if your LPR status is jeopardised it’s not the whole family it happens to. 

 

 

Edited April 13 by appleblossom

[marauder1905 5]

Thank you appleblossom

 

I understand it was a one-off decision and that is why we settled in the USA and our lives are rooted here. I work for a company here, my son goes to school here, we have a house, we have a car, we pay taxes, we have bills etc. all that stuff. So even though it was a one-off decision, we will never leave the country for more than 2 months, let alone 6 months as we live here now and I'd like to believe that we proved that we now live here on a permanent basis but maybe not so much in the eyes of the CBP/DHS as per the comments here. 

The 2 month trip is supposed to be a combination of business trips in other countries in Europe and also some visits to our families. 

[OldUser 8,786]

1 hour ago, marauder1905 said:

Thank you appleblossom

 

I understand it was a one-off decision and that is why we settled in the USA and our lives are rooted here. I work for a company here, my son goes to school here, we have a house, we have a car, we pay taxes, we have bills etc. all that stuff. So even though it was a one-off decision, we will never leave the country for more than 2 months, let alone 6 months as we live here now and I'd like to believe that we proved that we now live here on a permanent basis but maybe not so much in the eyes of the CBP/DHS as per the comments here. 

The 2 month trip is supposed to be a combination of business trips in other countries in Europe and also some visits to our families. 

At the end of your day, it's CBP who you may need to justify your trips upon reentry. Maybe you'll be waived through. Maybe placed in secondary. It's hard to know upfront. Given prior history, the risk of being pressured to sign I-407 is higher than normal.

 

Good luck!

[marauder1905 5]

Thank you OldUser for your response, and definitely agreed.

 

Do you think it makes sense for us to get Global Entry? It could potentially decrease "friction" during entering the US.

 

Not sure if they do background checks of previous absences throughout the approval process and if this is also an additional risk.

[appleblossom 3,765]

31 minutes ago, marauder1905 said:

Thank you OldUser for your response, and definitely agreed.

 

Do you think it makes sense for us to get Global Entry? It could potentially decrease "friction" during entering the US.

 

Not sure if they do background checks of previous absences throughout the approval process and if this is also an additional risk.

 

GE would be a great idea, but you’re not likely to have that by the summer. 

 

If the planned 2 months is a mix of business and family visit, I’d make sure that only the person doing the business trips stays there for that long (with written proof of it being required by their employer). Then the rest of the family just join for visiting the family so they’re not out of the US for as long. 

 

I’m perhaps extra cautious as I do have Global Entry but even so when I returned to the US a couple of weeks ago every single person in the GE line was having their documents checked (we normally just get waived through and don’t even have to show my passport). And my daughter (also a GE and GC holder) was taken in to secondary. So they are definitely being more thorough at the moment. 

 

Good luck. 

[marauder1905 5]

3 hours ago, appleblossom said:

 

GE would be a great idea, but you’re not likely to have that by the summer. 

 

If the planned 2 months is a mix of business and family visit, I’d make sure that only the person doing the business trips stays there for that long (with written proof of it being required by their employer). Then the rest of the family just join for visiting the family so they’re not out of the US for as long. 

 

I’m perhaps extra cautious as I do have Global Entry but even so when I returned to the US a couple of weeks ago every single person in the GE line was having their documents checked (we normally just get waived through and don’t even have to show my passport). And my daughter (also a GE and GC holder) was taken in to secondary. So they are definitely being more thorough at the moment. 

 

Good luck. 

 

I will try the GE though it may take a lot longer like you've said.

 

During the GE process/interview, do you think it could be a risk there could be questions about my long absence and this could complicate things all the way to an NTA?

 

[appleblossom 3,765]

5 minutes ago, marauder1905 said:

 

I will try the GE though it may take a lot longer like you've said.

 

During the GE process/interview, do you think it could be a risk there could be questions about my long absence and this could complicate things all the way to an NTA?

 

 

Afraid I’ve got no idea, when I had my GE interview I had no complications at all.