URGENT - Green Card to be Revoked

[greencard555]

Here is my problem. Today I came in US from out of states, and at the entry point of San Francisco, the imigrant officer led me to a room and asked me some questions. He is not happy from my previous traval records, which shows I spent most of time outside of US during the past 4 years. (Although I did travel a lot during each year, every time only stay in US for 3-4 days, then left) There was also some communication issues, and he kept blaming I was trying to lie to him. (I acclaimed I am resident of US, which he think that is the big lie).

He asked me when I plan to move back. I was so nervous and said I would move back by end of this March. He then put that information into his computer system, and told me then I should do as what I said. Otherwise my green card will be revoked.

Because my current work is out of states, what could I do to keep my green card while still be able spend most of the time there? Will I-131 help? Since he has already put something into the system, dose that means the only way to keep my green card is to move back to US by the end of this month?

 

[LolaLi]

There is no way to sugar coat this... You have come to a crossroads - and you have to choose which path to take.

It looks like the CBP/IO has placed a warning in your file and has flagged you in the system. This means that you will be checked EVERY TIME you come back and any other sign of life abroad will result in being placed in removal proceedings. In my honest opinion - what actually saved you this time is that you gave an end-of-March date for moving back.

At this point, I am not sure even if a Re-Entry Permit will help you. They may find you ineligible for it since you've already lived outside the US for a long period of time. In fact, the application clearly asks you how long you have been outside the US. Also if you have applied for it multiple times before, I am not certain if there is a limitation.

So you have to decide which is better for you: 1) working overseas and living there, or 2) being a resident of the US - which means actually living here - not just visiting. Sorry to be so harsh, but no one is forcing you to be a US resident - if you can't stand to live here, I don't know why you would want to keep the green card.

 

[Hannah7]

It looks like the CBP/IO has placed a warning in your file and has flagged you in the system.

Do they really put such comments into their system?

Say, that CBP asks you for instace how long will you stay on this trip. You answer something. They can later recall that info upon next entry to U.S. ?

 

[Triple Citizen]

Yes. That is what computers are good for. Recalling saved information

Do they really put such comments into their system?

Say, that CBP asks you for instace how long will you stay on this trip. You answer something. They can later recall that info upon next entry to U.S. ?

 

[Triple Citizen]

Ask yourself this question. Taking into account your travel pattern over the last 4 years, do you call yourself a resident of the US? Do you expect others to do so?

He is not happy from my previous traval records, which shows I spent most of time outside of US during the past 4 years.

 

[Jackolantern]

Since he has already put something into the system, dose that means the only way to keep my green card is to move back to US by the end of this month?

Yes. If you don't return by the end of March and stay in the US for a long enough time, they'll have two reasons to revoke your card ... the extended travel patterns over multiple years plus lying at the port of entry.

 

[Hannah7]

Yes. That is what computers are good for. Recalling saved information

Yeah of course, but I mean whether they usualy do such comments.

For example if CBP asks you the ordinary question like: "How long have you been out?" - does he put your answer to the system?

Or "How long will you stay on this trip?" - does he flag the information to the system?

Especially on the last example question many people don't know the answer and so later they could be accused of lie to CBP officer.

 

[dms1]

Yeah of course, but I mean whether they usualy do such comments.

For example if CBP asks you the ordinary question like: "How long have you been out?" - does he put your answer to the system?

Or "How long will you stay on this trip?" - does he flag the information to the system?

Especially on the last example question many people don't know the answer and so later they could be accused of lie to CBP officer.

If you've managed to get into a situation where the officer feels they have to ask "How long will you stay on this trip?" then you are already on very shaky ground because it shows that they believe you to be residing outside the US and just making occasional trips back. This in itself would be enough for them to start a further investigation with a view to rescinding your permanent residency.

 

[dms1]

Ask yourself this question. Taking into account your travel pattern over the last 4 years, do you call yourself a resident of the US? Do you expect others to do so?

Well said. Many people seem to try and treat the greencard as if is was just a perpetual visa and work permit and then get surprised when they get into trouble over this. The term "permanent resident" is rather easy to interpret. Just combining the definitions of the two words from a dictionary gives a pretty good interpretation of the basic requirement for keeping ones greencard.

 

[Triple Citizen]

Another favourite of mine is people who hold permanent resident status in both Canada and the US and wonder why they cannot keep both statuses in the long run

Well said. Many people seem to try and treat the greencard as if is was just a perpetual visa and work permit and then get surprised when they get into trouble over this. The term "permanent resident" is rather easy to interpret. Just combining the definitions of the two words from a dictionary gives a pretty good interpretation of the basic requirement for keeping ones greencard.

 

[Hannah7]

I really want to live in America !

Guys you don't know how am I afraid from your comments

I have always wanted to live in USA but won the green card in bad time where almost 2 years of school were to finish. I managed to cut these 2 years into just one year which I really need to be outside the U.S.

So, as I posted some time back, I went to the U.S. for the activation trip of my green card which lasted only couple weeks. At least I got bank account, state ID, SSN and address of my friend where I can stay while in the U.S.

Upon departure from the U.S. I though that everything was OK and that I could come back before the one year is over. Also that time I knew nothing about reentry permits. But from what I read here and on another discussion forums I suddenly found out that one is simply NOT safe when one spends more time outside the U.S. than in. That everybody who just visits the U.S. is not safe.

That finding led me to make a short trip to America now. Of course that CBP let me go because my first trip outside the U.S. was less than 6 months.

But I got some questions as I posted here. And the CBP was probably disappointed that I am currently not living in America, but shaked his head and stamped and wrote just ARC to my passport ... Probably he was uncertain about me, but I holded all papers proving my temporary studies abroad, but nobody wanted them to see.

Now I am back in my country of origin and putting all effort finish my studies in time. But even if my studies are finished in the time I would be able to come back after 5 months :-(

How much do I really risk?

Does it mean when he asked me about "How long you will stay on this trip?" that he believed me to reside outside the U.S. , put flag into computer and next time my green card will be likely revoked?

Despite the lack of my ties to the U.S. I really wanna live in the U.S. after I finish school here.

You all have plenty time to read my story here, but I don't know how much will be the CBP officer interested in my story. If I am in luck the CBP will just ask me on or two questions and will let me go as anybody who stays less then 6 months. If I am not lucky, they will be able to clearly see that I was more&less visitor and was 10 months out of U.S.

:-( that's all about me

 

[howdy_howdy]

Like someone mentioned in this thread, you should consider yourself lucky because you were not removed out of the US as soon as you landed.

In any case, the only way out for you to permanently live in the US is to return to the US before end of March and not to travel for a while (at least for a year).

As for trying your luck by coming back to the US after end-March, I would say you are risking your GC.

 

[thankful]

One thing I do not understand is why do you have to study abroad. There are so many good schools in the United States. If studying is the best excuse yo can give in a court of law I do not think you will win.

Guys you don't know how am I afraid from your comments

I have always wanted to live in USA but won the green card in bad time where almost 2 years of school were to finish. I managed to cut these 2 years into just one year which I really need to be outside the U.S.

So, as I posted some time back, I went to the U.S. for the activation trip of my green card which lasted only couple weeks. At least I got bank account, state ID, SSN and address of my friend where I can stay while in the U.S.

Upon departure from the U.S. I though that everything was OK and that I could come back before the one year is over. Also that time I knew nothing about reentry permits. But from what I read here and on another discussion forums I suddenly found out that one is simply NOT safe when one spends more time outside the U.S. than in. That everybody who just visits the U.S. is not safe.

That finding led me to make a short trip to America now. Of course that CBP let me go because my first trip outside the U.S. was less than 6 months.

But I got some questions as I posted here. And the CBP was probably disappointed that I am currently not living in America, but shaked his head and stamped and wrote just ARC to my passport ... Probably he was uncertain about me, but I holded all papers proving my temporary studies abroad, but nobody wanted them to see.

Now I am back in my country of origin and putting all effort finish my studies in time. But even if my studies are finished in the time I would be able to come back after 5 months :-(

How much do I really risk?

Does it mean when he asked me about "How long you will stay on this trip?" that he believed me to reside outside the U.S. , put flag into computer and next time my green card will be likely revoked?

Despite the lack of my ties to the U.S. I really wanna live in the U.S. after I finish school here.

You all have plenty time to read my story here, but I don't know how much will be the CBP officer interested in my story. If I am in luck the CBP will just ask me on or two questions and will let me go as anybody who stays less then 6 months. If I am not lucky, they will be able to clearly see that I was more&less visitor and was 10 months out of U.S.

:-( that's all about me

 

[Hannah7]

One thing I do not understand is why do you have to study abroad. There are so many good schools in the United States. If studying is the best excuse yo can give in a court of law I do not think you will win.

Unfortunately it is my best excuse.

I wish to finish studies because I commenced them years ago before my green card was approved. I paid a lot of money already and I am now like 4 months before bachelor degree.

Of course, then I want to pursue master degree in the U.S.

 

[Jackolantern]

Does it mean when he asked me about "How long you will stay on this trip?" that he believed me to reside outside the U.S. , put flag into computer and next time my green card will be likely revoked?

Probably not revoked, because he didn't warn you about revoking it and you haven't been taking extended trips for multiple years. It just means your record probably was flagged so the next officer will give you a hostile line of questioning.

If I am not lucky, they will be able to clearly see that I was more&less visitor and was 10 months out of U.S.

You may get some hostile questioning, but you should be OK once you explain your situation, with papers to back it up if necessary ... your GC was approved in the middle of an existing degree program, you have now almost finished the degree (or if you return after completing the degree you can say it is complete and you're not going back to the non-US school) and you have been accepted to continue studies in the US.

 

[Hannah7]

thanks Jackolantern

So CBP tend to warn permanent residents about prospective problem before they really revoke GC?

I think more about possible supporting documents. I consider paying medical insurance in the U.S. Is it possible to obtain medical insurance while I'm not in U.S. and then use it as proof prospectively?

I'm also not sure about flight tickets. I know that one way ticket looks better, but one way tickets usually cost more than round-trip ones.

 

[LolaLi]

thanks Jackolantern

So CBP tend to warn permanent residents about prospective problem before they really revoke GC?

I think more about possible supporting documents. I consider paying medical insurance in the U.S. Is it possible to obtain medical insurance while I'm not in U.S. and then use it as proof prospectively?

I'm also not sure about flight tickets. I know that one way ticket looks better, but one way tickets usually cost more than round-trip ones.

From what I have seen - yes CBP and IOs tend to give warnings to people whom seem to be close to breaking residential ties. Exceptions are for those that have been out for a very long time and for which residency has been surely lost (e.g. being out of the USA for 2 + years straight and then trying to come back in).

I think your best bet is to collect all the evidence that proves you were approved while in school, how much money you had invested, the fact that you tried to reduce the time left so you could come to the US, and that you are either admitted to graduate school or have a work offer upon return. Paying health insurance isn't going to help since you don't live here...it would be a pretty obvious "ploy".

As for tickets - others may chime in - but I think it is wise to have departures originate from the US with returns to the US. Rather than having tickets originate from a foreign country...which makes it look like you are visiting the US.

You should have applied for a Re-Entry permit while you were here. This would have allowed you to live outside the US for 2 years without loosing your residency.

 

[LolaLi]

Yeah of course, but I mean whether they usualy do such comments.

For example if CBP asks you the ordinary question like: "How long have you been out?" - does he put your answer to the system?

Or "How long will you stay on this trip?" - does he flag the information to the system?

Especially on the last example question many people don't know the answer and so later they could be accused of lie to CBP officer.

Yes - they can flag accounts and place notes in one's file. Obviously they have to keep track of all those entering and exiting the country. Also the CBP records receive feeds from other systems - like those used by law enforcement and USCIS, etc. For example, if someone has committed a crime which falls under the inadmissibility categories - it is recorded in their files and comes up when they enter the country or apply for an immigration benefit.

How else would CBP know to send someone to secondary inspection? We've seen cases where individuals are referred to secondary inspection because "something" came up when their GC or Passport was scanned.

 

[Hannah7]

Yes - they can flag accounts and place notes in one's file. Obviously they have to keep track of all those entering and exiting the country. Also the CBP records receive feeds from other systems - like those used by law enforcement and USCIS, etc. For example, if someone has committed a crime which falls under the inadmissibility categories - it is recorded in their files and comes up when they enter the country or apply for an immigration benefit.

How else would CBP know to send someone to secondary inspection? We've seen cases where individuals are referred to secondary inspection because "something" came up when their GC or Passport was scanned.

I am student of these IT technologies, so I know about it. I even know that the system they use is called "IBIS", which, like you said, connects all various federal systems.

So there is info from police, USCIS, DHS, Airlines, IRS, DMV, ... so of course it takes just a click to view ones travel history especially if ones travels by the air.

But I mean whether CBP usually put notes about your conversation. From what I saw he only clicked approx 5-10 buttons - got my fingerprints and stamped passport. Whether that contact with computer was inputing our conversation notes or just confirming program for fingerprints I don't know ...

Probably nobody knows but CBP. However all of you are GC holders here. Have you ever noticed that CBP could recall something you were talking about after previous trip(s)?

 

[thankful]

Unfortunately it is my best excuse.

I wish to finish studies because I commenced them years ago before my green card was approved. I paid a lot of money already and I am now like 4 months before bachelor degree.

Of course, then I want to pursue master degree in the U.S.

could you have transferred your credits to a U.S. undergraduate institution?