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Do they still let you in if they take away your green card at POE?

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  • Do they still let you in if they take away your green card at POE?

    Hello,
    I have a basic question. Say you have lot of absences from the US and they take away your green card at port of entry. What happens then? Do they not let you in the country and send you immediately back, or, they let you in but start a removal procedure or something? If they let you in, how long do you have in the country in that case? I am just asking to see even if they take away green card, there will be a chance to sell my car, pack my stuff here and send back to my country... If they would grant no entry at all, these would be impossible...

  • #2
    If your last trip outside the US was under a year, but you get in trouble at the POE because of the accumulation of absences, if they take away the card they would let you in but tell you to see an immigration judge to plead your case and try to get it back. If you refuse to see the judge, or if the judge deems your permanent residence to be abandoned, you'll be deported or told to leave by a given date.

    But if your last trip outside the US was a year or more and you don't have a Reentry Permit or Returning Resident visa or military paperwork, they'll probably refuse entry because the green card is not a valid entry document by itself if you have been gone for a year or more.

    EB3 ROW I-485 Approved: July 2007
    USC: July 2013
    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

    Comment


    • #3
      1 year

      How will they know that someone is out for more than one year??? and when will they start counting??? since your last enterance or last departure??

      Comment


      • #4
        They have records of your entries and exits in the system. If your last departure they see was 12+ months ago and there is no record of an entry since then, the logical conclusion is that you were gone for a year or more.

        EB3 ROW I-485 Approved: July 2007
        USC: July 2013
        I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

        Comment


        • #5
          In all honesty, that is not something you need to worry about. USCIS/ICE/CBP have their means to find out if they really want to.

          Originally posted by immigrant123456 View Post
          How will they know that someone is out for more than one year???
          Regards,
          S K Ghori
          skg@vex.net
          http://www.vex.net/~skg/

          **NOTE**
          I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

          **DISCLAIMER**
          I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

          Comment


          • #6
            Originally posted by Jackolantern View Post
            If your last trip outside the US was under a year, but you get in trouble at the POE because of the accumulation of absences, if they take away the card they would let you in but tell you to see an immigration judge to plead your case and try to get it back. If you refuse to see the judge, or if the judge deems your permanent residence to be abandoned, you'll be deported or told to leave by a given date.

            But if your last trip outside the US was a year or more and you don't have a Reentry Permit or Returning Resident visa or military paperwork, they'll probably refuse entry because the green card is not a valid entry document by itself if you have been gone for a year or more.
            My trips will be under 1 year... They will even be under 6 months... So in regards to the first case you are describing, How long does it take to see a judge? And how long does his decision take? Also, if I chose not to fight it and return to my country, before even seeing a judge, I can do it anytime before seeing the judge correct? If I do this, does it mean, I am deported from US? EVen if I leave my GC, I dont want to be appearing as deported... Or I see the judge and she denies my case and I leave before the deadline... That also doesnt mean I am deported correct?

            Comment


            • #7
              exit record

              but when you leave US they are not recording that!! you just go to the airlines counter and take your boarding card!!
              Do you think airlines provide the exit records to USCIS ?!? thats possible, but I think it is for security reasons and to track criminals and suspicious people not to track citizins and legal permanent residents... any ideas???

              Comment


              • #8
                You are naive. Every international plane leaving the US hands over flight manifests and collected I-94s to USCIS/CBP/ICE. Canadian land border posts share such information and snaps of number plates to their US counterparts.
                I am telling you a true incident that happened with me. Between 2003-2006 I had a BMW 3 series with a certain license plate on it. I crossed into Canada 5-6 times using that car. In early 2006, I returned that car and got myself a BMW 5 series. Plates were transferred my the 3 series to the 5 series. In summer 2006 I made my first trip to Canada using that car. Right after I pulled into the POE booth, the officer looked at his screen and goes to me "Congrats on the upgrade".
                I was initially surprised and then impressed

                Originally posted by immigrant123456 View Post
                but when you leave US they are not recording that!! you just go to the airlines counter and take your boarding card!!
                Do you think airlines provide the exit records to USCIS ?!? thats possible, but I think it is for security reasons and to track criminals and suspicious people not to track citizins and legal permanent residents... any ideas???
                Regards,
                S K Ghori
                skg@vex.net
                http://www.vex.net/~skg/

                **NOTE**
                I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

                **DISCLAIMER**
                I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

                Comment


                • #9
                  Originally posted by immigrant123456 View Post
                  but when you leave US they are not recording that!! you just go to the airlines counter and take your boarding card!!
                  Do you think airlines provide the exit records to USCIS ?!?
                  When you check in for an international flight, you must show your green card and/or passport to the airline agent. Shortly after 9/11, it became mandatory to transmit this information to CBP, who in turn shares it with USCIS.

                  If you search enough in this forum you'll find cases of people who were given a warning or had their green card taken away after the POE officer noticed the individual had taken a long series of multiple trips in the past few years.

                  However, it is true that they don't have 100% of the travel records for 100% of the people. Some records might be lost because of system glitches, or info wasn't captured due to lax procedures at a particular exit/entry point on a given day. But you don't know what they have or don't have about you, so it doesn't make sense to lie. And if it goes to court, they have more time to find evidence to dispute your story if you lie.

                  EB3 ROW I-485 Approved: July 2007
                  USC: July 2013
                  I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                  Comment


                  • #10
                    Originally posted by Jackolantern View Post
                    When you check in for an international flight, you must show your green card and/or passport to the airline agent. Shortly after 9/11, it became mandatory to transmit this information to CBP, who in turn shares it with USCIS.

                    If you search enough in this forum you'll find cases of people who were given a warning or had their green card taken away after the POE officer noticed the individual had taken a long series of multiple trips in the past few years.

                    However, it is true that they don't have 100% of the travel records for 100% of the people. Some records might be lost because of system glitches, or info wasn't captured due to lax procedures at a particular exit/entry point on a given day. But you don't know what they have or don't have about you, so it doesn't make sense to lie. And if it goes to court, they have more time to find evidence to dispute your story if you lie.
                    Definately it is stupid to lie, my home country is considered a 3rd world country,, and I swear they can figure out if a fly crossed the border or left!! I am sure they have the records in US too, but my point is that they have the records for other serious reasons rather than just to track green card holders.. this is my personal opinion...

                    Comment


                    • #11
                      Originally posted by immigrant123456 View Post
                      Definately it is stupid to lie, my home country is considered a 3rd world country,, and I swear they can figure out if a fly crossed the border or left!! I am sure they have the records in US too, but my point is that they have the records for other serious reasons rather than just to track green card holders.. this is my personal opinion...
                      Tracking potential terrorists and overstayers might be the primary purpose, but the information is used for many other purposes, including tracking green card holders.

                      EB3 ROW I-485 Approved: July 2007
                      USC: July 2013
                      I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                      Comment


                      • #12
                        okay let me ask again, since the subject got sideways...

                        here is my second question, based on Jackolanterns answer on my first question:

                        My trips will be under 1 year... They will even be under 6 months... So in regards to the first case you are describing, How long does it take to see a judge? And how long does his decision take? Also, if I chose not to fight it and return to my country, before even seeing a judge, I can do it anytime before seeing the judge correct? If I do this, does it mean, I am deported from US? EVen if I leave my GC, I dont want to be appearing as deported... Or I see the judge and she denies my case and I leave before the deadline... That also doesnt mean I am deported correct?

                        Comment


                        • #13
                          Originally posted by ketanco View Post
                          So in regards to the first case you are describing, How long does it take to see a judge?
                          Usually a few days to a few weeks.

                          And how long does his decision take?
                          Typically the same day that the arguments are heard in court, or a few days later.

                          Also, if I chose not to fight it and return to my country, before even seeing a judge, I can do it anytime before seeing the judge correct? If I do this, does it mean, I am deported from US? EVen if I leave my GC, I dont want to be appearing as deported... Or I see the judge and she denies my case and I leave before the deadline... That also doesnt mean I am deported correct?
                          None of the above counts as deported; you would be deemed as having abandoned your permanent residence. However, if you leave on your own before the court date, it would be in your best interest to notify the court (before the court date) that you have left and are not challenging the decision, and then officially register your abandonment by appearing at a US consulate with form I-407. Otherwise, your failure to show up in court could make them think you ran away to somewhere inside the US, and then they might initiate a deportation order for you.

                          EB3 ROW I-485 Approved: July 2007
                          USC: July 2013
                          I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

                          Comment


                          • #14
                            okay that is good to hear thanks...

                            Comment


                            • #15
                              What are the chances of being detained at POE while waiting to appear before a judge?

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