RETURNING after 11months, reasons CBP will ask questions

[help_need_gc]

I am returning to USA after 11months 20days. Please let me know what would be the questions if at all asked at the port of entry.

Kids US citizens, me/wife on GC since 4years. Had to leave because of family commitments/issueses.
My whole family is in India, its just me alone returning.

I know it should be fine since its under 1year, but wanted to know what questions will be asked and how to respond to those, will it problem to enter at such a long time.

I am carrying Taxes, from last two years, all credit cards, banks statements. I do not know what else to carry, and what type of questions will be asked and how to respond, please help me.

Thanks.

[Jackolantern]

"Do you have a reentry permit"?

"Why were you abroad for so long"?

"Do you plan to travel abroad again in the near future"?

"Do you have return ticket with the return trip ending outside the US"?

"Where is your wife"?

"Why is she still abroad"?

"Where are you kids"? "Why are they still abroad"?

"Did you work abroad? For which company?"

"When did you obtain your green card"?

"Who sponsored your green card? Are you still with the same company? When did you leave them?" <-- I was actually asked these questions last year at at the POE. The trip was less than a month, so it wasn't due to the length of the trip; I figure they asked that just to help confirm that I am the same person on the green card (if the card was stolen, the thief probably wouldn't know anything about the employer).

[help_need_gc]

Thanks for the response guys.

Since family person is sick, I have to go back and bring my whole family as kids are small.

I had to work outside US to takecare of my family, and currently active. What should I answer at POE. ?
Idea of the trip is to stay 2-3 weeks inside US and return to home country, apply re-entry permit.
Have a return ticket as well, will these create any issue what should I answer ?
Should I care any supporting documents if at all what would be those ?

Please suggest how should I answer these questions.

[Jackolantern]

In case they ask about whether you're going to apply for a reentry permit, make sure to have the reentry permit application in your hand, so you'll look like you're serious about applying for it.

You might need a bit more than 2-3 weeks for the reentry permit, as you need to be in the US when submitting the application and also for fingerprinting which could be 3-5 weeks later (although you can leave the US in between the day USCIS receives the application and the fingerprinting date).

Have a return ticket as well, will these create any issue what should I answer ?

You can't answer anything to help that. The right course of action is to not use a return ticket in the first place (unless the return leg ends in the US).

[olyn]

What to expect! Iam returning to US after seven months of absence.
Got GC, last year, went to us for less than two months, but was forced to travel back due to some unavoidable circumstance. now ready to go back and settle.
will I have problems at port of entry. This is my first time to travel abroad.

[Triple Citizen]

For your first trip, you should not have any problems. Make this a pattern and you might have problems down the road.

will I have problems at port of entry. This is my first time to travel abroad.

[BigJoe5]

Thanks for the response guys.

Since family person is sick, I have to go back and bring my whole family as kids are small.

I had to work outside US to takecare of my family, and currently active. What should I answer at POE. ?
Idea of the trip is to stay 2-3 weeks inside US and return to home country, apply re-entry permit.
Have a return ticket as well, will these create any issue what should I answer ?
Should I care any supporting documents if at all what would be those ?

Please suggest how should I answer these questions.

To me, it looks like you have abandoned your lawful [permanent residence status by relocating abroad with your entire immediate family and took employment abroad.

Any REP is restricted to an individual applicant (no derivatives). If your spouse and kids have been abroad a long time and are still abroad, they are even worse off than you.

Because of your actions you may be deemed to have abandoned status and may be referred to an Immigration Judge or merely sent to secondary inspection in order to impress upon you the gravity of your mistakes.

[olyn]

Thanks for the advice. I understand the consequence, and don't intend to stay away cause have already resign my job and put up in the states. Iam also married to a US citizen. the only problem ,I know l have overstay without a re-entry permit. I did not intend to.

[Jackolantern]

Staying outside the US for 7 months without a reentry permit is not an "overstay". You are allowed to spend up to 364 days outside the US without a reentry permit, as long as you don't take those long trips repeatedly and don't take steps to establish residence in another country like taking a permanent job there or acquiring permanent residence there. And they tend to be lenient about long trips in the first year as an LPR, as it is common for new LPRs to spend several months in their original country to finish up various personal and professional business and organize themselves to settle in the US.

So don't worry about it. Even if they give you some tough questioning they will still let you in. That 7 month trip is likely to delay your citizenship eligibility, but it won't make you lose your green card.

[olyn]

Thank you for your up to date answer, I was a little bit worried.
Its true, I simply came back to resign my job, put some things in place and re-allocate some of my bussinesses. I had to get a driving licence first, get the GC and SSN. Now going to open Bank account, get a lawyer who can advice me on how to go about what I intend to do,owing that lam still a lay person. I might be forced to travel back again for few days in the near future cause of unfinished bussiness.
This time we will travel togather with my partner who is a US citizen by birth, but I have already established a home in the us and put my daughter in school..
Is there a limitation of trips one is allowed at a certain period? what of if we move out and in with my parner. Just a question for others to note too,but I don't intend to make multiple trips,its expensive too!

[Jeffy14]

Hello,

I wanted to know how it went for the Original Poster?

Did you re enter the US without any trouble?

I'm about to do the same thing, 360 days without going back to the US and I have a GC.

I also plan on getting a round trip ticket. Did you tell them you had one? what did you do? DId you not tell them?

Anyone has any experience with that?

I just wanna mention that I paid my US incomes taxes even though I worked outside the USA, I have a US driver licence, US bank account, American friends etc... I really intend to living in the US it's just that now is not the best time.
THat's why I just wanna go back for a few days to the US just to keep my GC "alive" and leave one more time to settle a few things in my country of origin. That's why I want a round trip ticket.

Any help would be much appreciated.

Thnaks

[Jackolantern]

I also plan on getting a round trip ticket. Did you tell them you had one? what did you do? DId you not tell them?

You shouldn't volunteer information about your ticket, but if they ask you need to tell the truth. They will enter your answer in the system and if you have to see an immigration judge to defend your green card, an investigation will be done to find out what kind of ticket you had (and other facts about you).

THat's why I just wanna go back for a few days to the US just to keep my GC "alive" and leave one more time to settle a few things in my country of origin. That's why I want a round trip ticket.

If you want to improve the chances of keeping your GC alive, don't enter with a round trip ticket that ends up in the US. Enter the US with a one-way ticket, then use a round trip ticket to go back to your original country.

[Jeffy14]

You shouldn't volunteer information about your ticket, but if they ask you need to tell the truth. They will enter your answer in the system and if you have to see an immigration judge to defend your green card, an investigation will be done to find out what kind of ticket you had (and other facts about you).



If you want to improve the chances of keeping your GC alive, don't enter with a round trip ticket that ends up in the US. Enter the US with a one-way ticket, then use a round trip ticket to go back to your original country.

Hello,

OK thank you for your answer!
If I have to appear before a judge, do you know how long it will take? will it take a few days or weeks?
Can I stay anywhere in the US during this time? Or they keep me in prison?

One last thing, if I buy now 2 one way tickets (one to go to the US, and one to leave), do you think it could work? (instead one one round trip)
I would have 2 separates one way ticket and I can show the one way ticket at the port of entry.
Thanks

[BigJoe5]

The situation described in the title of this thread could be treated under the following regulation:

8 CFR § 235.3 Inadmissible aliens and expedited removal.

(b) Expedited removal —(1) Applicability. The expedited removal provisions shall apply to the following classes of aliens who are determined to be inadmissible under section 212(a)(6)(C) or (7) of the Act:
*****
(5) Claim to lawful permanent resident, refugee, or asylee status or U.S. citizenship —
*****
(ii) Verified lawful permanent residents. If the claim to lawful permanent resident status is verified, and such status has not been terminated in exclusion, deportation, or removal proceedings, the examining immigration officer shall not order the alien removed pursuant to section 235(b)(1) of the Act. The examining immigration officer will determine in accordance with section 101(a)(13)(C) of the Act whether the alien is considered to be making an application for admission. If the alien is determined to be seeking admission and the alien is otherwise admissible, except that he or she is not in possession of the required documentation, a discretionary waiver of documentary requirements may be considered in accordance with section 211(b) of the Act and §211.1(b)(3) of this chapter or the alien's inspection may be deferred to an onward office for presentation of the required documents. If the alien appears to be inadmissible, the immigration officer may initiate removal proceedings against the alien under section 240 of the Act.

[Jeffy14]

The situation described in the title of this thread could be treated under the following regulation:

8 CFR § 235.3 Inadmissible aliens and expedited removal.

(b) Expedited removal —(1) Applicability. The expedited removal provisions shall apply to the following classes of aliens who are determined to be inadmissible under section 212(a)(6)(C) or (7) of the Act:
*****
(5) Claim to lawful permanent resident, refugee, or asylee status or U.S. citizenship —
*****
(ii) Verified lawful permanent residents. If the claim to lawful permanent resident status is verified, and such status has not been terminated in exclusion, deportation, or removal proceedings, the examining immigration officer shall not order the alien removed pursuant to section 235(b)(1) of the Act. The examining immigration officer will determine in accordance with section 101(a)(13)(C) of the Act whether the alien is considered to be making an application for admission. If the alien is determined to be seeking admission and the alien is otherwise admissible, except that he or she is not in possession of the required documentation, a discretionary waiver of documentary requirements may be considered in accordance with section 211(b) of the Act and §211.1(b)(3) of this chapter or the alien's inspection may be deferred to an onward office for presentation of the required documents. If the alien appears to be inadmissible, the immigration officer may initiate removal proceedings against the alien under section 240 of the Act.

Thanks but you are not answering anything.
This text makes reference to many others. I dont really know what question you pretend to answer here...

[BigJoe5]

Thanks but you are not answering anything.
This text makes reference to many others. I dont really know what question you pretend to answer here...

I PRETEND NOTHING. Read INA 101(a)(13)(C)(i) and/or (ii). THAT is the situation encountered after an 11 month absence as described in the title of this thread.

[Jackolantern]

Hello,

OK thank you for your answer!
If I have to appear before a judge, do you know how long it will take? will it take a few days or weeks?
Can I stay anywhere in the US during this time? Or they keep me in prison?

A few weeks or months. They almost certainly will not lock you up if you don't have a criminal record or other immigration violations. Just make sure to attend the court date, otherwise they may arrest you and hold in an immigration detention center until they're ready to deport you.

[cafeconleche]

Why didn't you apply for a re-entry permit? And, why don't you do it this time when you come? You're taking a huge risk when there is a perfectly good option meant specifically for such circumstances. APPLY FOR A RE-ENTRY PERMIT!

Also remember that if you're lucky, they won't ask you much when you come through immigration. Also, even if they do ask you how long you've been out, and you say almost a year and explain your circumstances, they may just warn you and tell you to apply for a re-entry permit.

[Jackolantern]

One last thing, if I buy now 2 one way tickets (one to go to the US, and one to leave), do you think it could work? (instead one one round trip)
I would have 2 separates one way ticket and I can show the one way ticket at the port of entry.
Thanks

If they go as far asking you about your ticket, they're likely to also ask if you have another ticket to leave the US in the near future. And if the POE officer doesn't ask about the next ticket, you will probably be asked about it in court (if you have to go to court). So if you're going to buy a ticket to fly back to your original country, it should be a return ticket that first takes you to that country and then returns to the US.

[Jeffy14]

If they go as far asking you about your ticket, they're likely to also ask if you have another ticket to leave the US in the near future. And if the POE officer doesn't ask about the next ticket, you will probably be asked about it in court (if you have to go to court). So if you're going to buy a ticket to fly back to your original country, it should be a return ticket that first takes you to that country and then returns to the US.

ok that's pretty smart!! Thanks for your answer

[Jeffy14]

Why didn't you apply for a re-entry permit? And, why don't you do it this time when you come? You're taking a huge risk when there is a perfectly good option meant specifically for such circumstances. APPLY FOR A RE-ENTRY PERMIT!

Also remember that if you're lucky, they won't ask you much when you come through immigration. Also, even if they do ask you how long you've been out, and you say almost a year and explain your circumstances, they may just warn you and tell you to apply for a re-entry permit.

I read that you need some specific excuse to apply for a re entry permit. I dont know if they grant it that easily. Now I dont have time because I wont stay long enough.
Maybe I'll try to get one next time.
Do you know how hard it is to get one? What do they ask for (I mean what's the basis that it gets granted on? example: you go a job overseas? Familly member sick? etc...)

Thanks a lot

[cafeconleche]

No, you just say you need to stay overseas for an extended period. It's not hard, especially the first one, and often even the second one. As for you applying for it another time, you may not have the chance. Apply this time, leave if you want, but have someone check your mail and tell you when to come back for biometrics. You can even get your biometrics done after your appointment date (I think they give you a few weeks), then have your re-entry permit sent to the US consulate in Dubai or Abu Dhabi.

[Jackolantern]

No, you just say you need to stay overseas for an extended period. It's not hard, especially the first one, and often even the second one. As for you applying for it another time, you may not have the chance. Apply this time, leave if you want, but have someone check your mail and tell you when to come back for biometrics. You can even get your biometrics done after your appointment date (I think they give you a few weeks), then have your re-entry permit sent to the US consulate in Dubai or Abu Dhabi.

Who said anything about Dubai or Abu Dhabi? Jeffy14's signature mentions France.

[Jeffy14]

Hello,

I'm gonna write how it went for me when I went back to the US.
By the way, the original poster is an idiot who did not provide an update.

So anyway, I did not have any problem entering the US...
I dont know why you guys make such a big deal of it. They did not even ask me 1 question!
NOTHING.
You stressed me for nothing....

[Jackolantern]

Thanks for the update.

You weren't asked anything this time, but there is no guarantee you'll always have it so easy. Some people breeze through with few or no questions, some people are interrogated for several minutes, some are given a warning about their extensive traveling, some are ordered to see an immigration judge to defend their green card.

[Jeffy14]

Thanks for the update.

You weren't asked anything this time, but there is no guarantee you'll always have it so easy. Some people breeze through with few or no questions, some people are interrogated for several minutes, some are given a warning about their extensive traveling, some are ordered to see an immigration judge to defend their green card.

lol ok

But after reading everything you guys said I was sure I was gonna get in trouble. ANyhow, I'm sure it wont be always like that. Thnak you for your help, at least I was prepared and i'm rdy for the next time
DO you think it helps that I'm not married, have no kids, and I'm from Europe rather Africa or south america or india?
I mean racial profiling is sadly a reality....

[cafeconleche]

Yah, you got lucky. It could be because you're European, or you were well dressed, or the officer didn't care, or a lot of things. However, if you do this often (stay out for long, and in the country for only a short time in-between), you could get in trouble.

[BigJoe5]

lol ok

But after reading everything you guys said I was sure I was gonna get in trouble. ANyhow, I'm sure it wont be always like that. Thnak you for your help, at least I was prepared and i'm rdy for the next time
DO you think it helps that I'm not married, have no kids, and I'm from Europe rather Africa or south america or india?
I mean racial profiling is sadly a reality....

If you are interested in seeking naturalization, long absences have a negative effect. They cause delays in becoming eligible to apply.

[Ramshakuni]

I am returning to USA after 11months 20days. Please let me know what would be the questions if at all asked at the port of entry.

Kids US citizens, me/wife on GC since 4years. Had to leave because of family commitments/issueses.
My whole family is in India, its just me alone returning.

I know it should be fine since its under 1year, but wanted to know what questions will be asked and how to respond to those, will it problem to enter at such a long time.

I am carrying Taxes, from last two years, all credit cards, banks statements. I do not know what else to carry, and what type of questions will be asked and how to respond, please help me.

Thanks.

Are you able to come back? Please let me know what questions did they ask at POE. My dad is in same situation