Discussion in 'Life After The Green Card' started by kcr, Jun 2, 2008.
Hi can you send me the doc as well. My email is email@example.com. Thanks in advance
I am DV2015 green card main holder and my wife benefited also. We are still outside the USA but I got a job offer to start in June 2017. Our entrances are like that.
2016 Jan: Me and My Wife: First entrance (Trip because of job interview)
2016 Nov: Me: Second entrance (Trip because of job interview)
2017 April: Me: Third entrance (Trip because of job interview)
My wife could not visit USA since 2016 Jan because of the pregnancy and the birth. But I tried to keep the green card active and I have lots of proof for that (job applications and interview invitations).
The issue is that: Our baby is 8 months old and my wife is nearly 1.5 years away from USA. We are planning to enter USA together in the beginning of June and I have job offer with me. Do you think will it be a risk for my wife and baby at the entrance? Do we need to apply to SB-1 visa for her before entering to the USA? Is there a situation like I enter but they are denied?
Thank you in advance.
I just entered the US at DFW on March 2nd and fortunately for me everything went well even though I had to wait for 2 hours and the inspection room.
I am a LPR, I stayed 11 months out of America because I was in grad school in Spain and had a baby in Germany. The baby was 4 months old and it was the first time that both me and baby came back to the US after her birth.
When I arrived at the POE, the officer was very friendly. He asked me what did I do abroad, how long did I stay there. So when I told him 11 months, he told me "you need to be careful, can't go over a year, ok?"
After that he took me the room, got all my baby doc, after 2 hours, he came out give me back the original German Birth Certificate but he kept the original International BC and city BC or something, he did make a copy of those 2 for me though. He said once USCIS verify all the info and the baby GC is issued I should receive those back. Then he gave me her PP with a stamp on it that say its a temporary I-551 and he wrote NA3 on it. I asked him whats next and he said his job is done here and I would have to contact USCIS for further questions, and I should call them if I don't see her green card coming in 2 months or so. So its been a bit over 2 months and I did make an appointment with USCIS next week to find out whats going on since I haven't heard from the.
So, in your case, I think your wife should definitely apply for a return visa since she has been away for more than 1 year. They are very strict on that 1 year rule and it is a big risk that your wife and baby would be denied to enter at POE. Since you have a job offer in the States, it would help her case as well. As long as you can explain to them why she had to stay out for more than 1 year, you should be good.
Let me know if you have any other question. Good luck!
Thank you very much for your reply and also explaining the entrance procedures for the baby. Your case is really a good example.
I am not sure if I can take that risk. Because I have a comfort life in my home country. Therefore before resigning from my current company I plan to take a trip to the USA to see if we can pass. That means money but anyhow I have to make it sure before resigning.
I have another question. Did you take "baby transportation letter" from the embassy? It is said that it may need to pass from the border of the home country. For our case the problem is that the embassy may also not give baby transportation letter because according to them my wife is not allowed to travel to the USA because of the 1 year rule. But as I've said if it is not needed we can travel to the USA before June and see if we can pass through POE.
I came to America from Vietnam when I was visiting home for 1.5 month so the US consulate there told me they only serve US citizen and I am a LPR so I'm not even supposed to be getting help there, which I thought to be so insulted since I am a permanent resident of the US, the only difference is that I can not vote. They sent me to the USCIS office in Vietnam to obtain the transportation letter. When I get there, the office say they are permanently close and only handle things like lost and stolen GC, so they sent me back to the US consulate, not through the citizen service but get an appointment and try to apply for a return visa since my case would fall into the lost GC case, which is not true, since I still have my 10 year GC. I didn't want to go through all that so I just said screw it. However , since my baby is German nationality, I applied for her ESTA and it was good enough for her to get on the plane. I even bought an onward ticket for her to the cheapest destination ( can not be Canada, Mexico or the Caribbean) in case they ask for it (btw, no one asked about this and we pretty much just gonna waste the ticket). And once we got to the US, we went through the procedure I told you earlier to get her temporary I-551. So the question is where are you located because the consulate in my country Vietnam has absolutely no idea how to handle this situation or have any protocols regarding the baby transportation letter. I know if I would have been in Germany, all I have to do is go there within 30 days of traveling and apply and they would know what to do. And yes you are right, if your wife has been out of US for more than a year, she would be advised to apply for a return visa before she can get the transportation letter for your baby.
My advice is don't risk just going to the US and then being denied at POE. As I said, since you have a job offer, it might help her when she apply for her returning visa since she gotta go where you go right? and if you can explain to them why she stays abroad for so long , health issue, pregnancy, your job etc, then the officer would prob give her a visa.
I disagree. In my opinion, with a valid card and not having gone for that long, there is a much higher chance of success by just going to the US and trying to enter than trying to get an SB-1 returning resident visa. Plus, the officer has no power to take away your permanent residency, so if they don't want to let you enter, and you refuse to give up permanent residency, the worst thing they can do is temporarily let you into the US and give you a notice to appear in removal proceedings, which is basically an "appeal" of his decision where you can argue that you didn't abandon residency. There are multiple levels of "appeal". On the other hand, a visa denial is non-reviewable.
What confuses me is if "applying for readmission" means that the parent is entering the US for the 1st time after the birth of the child, does one have to apply for a form or just inform the immigration officer that it's the 1st time the LPR is entering after the birth of baby? I ask as it is mentioned that if a parent forgets to reapply at the border during their first crossing with the child, the parent will have to go through the arduous and costly process of applying for their child's green card through the traditional means. Your clarification is highly appreciated.
Just inform the officer it's the first time.
Thanks for the clarification... will share with the forum my experience when I reach the PoE.
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