Greencard holder denied entry at airport - Less than 6 months outside the US

[dhouse89 4]

Has there been any report in this forum (website) about someone being denied entry with a Green Card? Long story short, my wife came to the United States and stayed with me for a month. However, she had to go back to her country for personal reasons. When she returns to the United States, she will have been outside the country for a little over 4 months. Based on my research, my wife should be fine when she comes back, but in the worst-case scenario, could she be denied entry to the US? FYI, she has no criminal record, etc.
 

From what I understand, the worst she might encounter is having to appear before a judge because she has been outside the States for a little more than 4 months. Can the officer strip her of her Green Card or force her to appear to an Immigration judge if she has only been outside the US for more than 4 months?

[TBoneTX 45,244]

Thread is moved from General Immigration Discussion to the Working & Traveling forum -- topic is travel.

[Vickys_Mom 223]

I have one anecdote for this.

 

My mother in law arrived in the U.S. on 30 Oct 23.  She got her green card on 08 Dec 23.  The same day there was a death in the family in Indonesia.  She flew back on 10 Dec 23.  

 

She was in Indonesia just shy of six months resolving the estate.  She returned to the United States on 03 Jun 24 using her green card and Indonesian passport.  She experienced no delays at the airport.

 

I've told her and my wife that she can't go outside of the U.S. for the rest of the year.  She can visit in January.  But I want her to have a confirmed six-months-plus-a-day before she leaves again.

 

Regards,

Vicky's Mom

[Boiler 45,441]

Not something they can do so no.

 

I personally know someone who was gone for 4 months ish and was given a hard time which persuaded him to naturalise.

[dhouse89 4]

5 hours ago, Vickys_Mom said:

I have one anecdote for this.

 

My mother in law arrived in the U.S. on 30 Oct 23.  She got her green card on 08 Dec 23.  The same day there was a death in the family in Indonesia.  She flew back on 10 Dec 23.  

 

She was in Indonesia just shy of six months resolving the estate.  She returned to the United States on 03 Jun 24 using her green card and Indonesian passport.  She experienced no delays at the airport.

 

I've told her and my wife that she can't go outside of the U.S. for the rest of the year.  She can visit in January.  But I want her to have a confirmed six-months-plus-a-day before she leaves again.

Why is that she can't go outside of the U.S. for the rest of the year? If you don't mind me asking, which international airport did she fly into?
 

 

3 hours ago, Boiler said:

I personally know someone who was gone for 4 months ish and was given a hard time which persuaded him to naturalise.

How did they gave him a hard time? Was he detained for a few hours?


FYI, my wife has a 10 year visa and our US citizen children (under 18) is coming with her.

[Boiler 45,441]

I do not remember the details, he had been in Brazil coaching Football, I remember telling him it was all bluster but that is why he said he filed the N400.

[dhouse89 4]

3 hours ago, Boiler said:

I do not remember the details, he had been in Brazil coaching Football, I remember telling him it was all bluster but that is why he said he filed the N400.

I've been doing more research about this because my wife will have our young children (US citizens) with her.

1) From what I understand, there is a high change my wife will have a secondary inspection. Is this true?

 

2) The CBT officer must let her enter. From what I read, they can detain her for 1-3 hours and she can ask for a supervisor. They can pressure her to give up her greencard, but the worst they can do is give her NTA. Are these true?

 

3) My wife does have a return ticket back to her home country. Will this be an issue?

 

Again, I'm just worried because my wife will be with our young children next to her. If she was just by herself, I wouldn't worry about it.

[Boiler 45,441]

No

Yes

How would they know?

[maxy 2]

I think 4 months perfectly ok. This was about 5 months after I got my GC I went back to the country where I came from, and I stayed about 5 and half months there. When I come back the immigration officer Chinese looking lady asked me why I stayed this long. I said I had some private work. she did not like my answer and threatened me if she wants, she can get my green card back and sent me back if she wants. And more she told me if I want to stay in USA stay here and if you want to stay in Sri Lanka stay there and don't come back.

She can say that and get my green card coz at that time I didn't had much ties to the USA. But since you are her husband living in USA, I think they cant turn her back.  Coz after the above incident I stayed about 1 year developed my ties with USA and went back to Sri Lanka and stayed there about 4 months every year (just to pass the winter season in USA)  and I had no issues no questions asked by anyone. 

Edited July 1 by maxy

[Vickys_Mom 223]

On 6/30/2024 at 11:10 AM, dhouse89 said:

Why is that she can't go outside of the U.S. for the rest of the year? If you don't mind me asking, which international airport did she fly into?

 

My mother-in-law can't leave the U.S. for another six months because I don't want to give CBP any excuse to argue that she's not a resident.  It's not a law.  It's my interpretation of what might happen and how much hassle I'm willing to deal with.  (So far, the women are letting me make this decision.) 

 

I was concerned they were going to argue with her about almost-six-months and it turned out not to be an issue at all.

 

And they flew into LAX.

 

Regards,

Vicky's Mom

[Ontarkie 14,214]

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