itsyourgirl
New Member
I stayed out the US for 15 mths. last time I was in the US I had my baby who is a US citizen. I now want to travel back to the US with her. She is 17mths. would there be a problem since we stayed out over a year.
stayed out for more than year
- Thread starter itsyourgirl
- Start date
If your green card is still valid, I think your best bet would be to just go to the US and try your luck. The officer may let you in with a warning, or they may not let you in. If they deny you entry, and you refuse to voluntarily give up your green card, they will put you in removal proceedings where you can argue to the immigration judge that you did not abandon residency.
The other way would be to go to the US consulate and apply for an SB-1 returning resident visa, but those are rarely approved and you have no recourse to challenge a denial.
The other way would be to go to the US consulate and apply for an SB-1 returning resident visa, but those are rarely approved and you have no recourse to challenge a denial.
itsyourgirl
New Member
thank you
fruityloops
New Member
I have a question along the same lines. Say I stayed outside the US for more than 1 year on my green card ( approx. 5 years) but then when I got back the CBP officer let me in, would it cause a problem later down the line when I apply for green card renewal or for citizenship?
Currently, I'm waiting for 5 years to pass since my entry and then plan on applying for citizenship, but not sure. I'm afraid that USCIS might consider it abandonment of status even though I was let in by CBP and since then I've done everything to establish residency (work, taxes, car etc.)
Any info will be appreciated, thanks.
Currently, I'm waiting for 5 years to pass since my entry and then plan on applying for citizenship, but not sure. I'm afraid that USCIS might consider it abandonment of status even though I was let in by CBP and since then I've done everything to establish residency (work, taxes, car etc.)
Any info will be appreciated, thanks.
ananga73
Registered Users (C)
CBP allowing you in does not mean anything. Even naturalizations are approved in error and revoked later. The chances are extremely high that if your period outside is detected, your green card will be terminated. The probability it will be detected is probably low but up in the air and depends on how conscientious the agent who reviews your naturalization application is.
You can ask ten thousand different people and lawyers and they may give you different answers however that doesn't change the reality. By all reasonable appearances, you abandoned your residency I do not see how any judge or immigration officer will consider a five year absence as reasonable. You were admitted by the CBP in error.
I would suggest strongly you wait as long as possible before filing for citizenship if at all.
See below:
http://www.cilawgroup.com/news/2014...nt-what-to-do-when-a-green-card-is-abandoned/
On the other hand, many people are admitted at the port of entry as green card holders without any further action at the port of entry. However, an admission as a green card holder does not “fix” the abandonment issue. It is possible, years after the fact, for the U.S. government to make a determination that the green card had been abandoned and to place the applicant in removal proceedings at that time.
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"in error" is the key word. But there is nothing erroneous about CBP letting them in. CBP has the full legal authority to admit them.
ananga73
Registered Users (C)
Kindly educate yourself before giving out wrong information and splitting hairs to cause confusion because the English I wrote was not difficult to understand. CBP has the authority to let him in however he/she may have let him in in error. It happens a lot just if you will care to take a few minutes to search. Or perhaps you don't know of many green cards which were revoked when the applicant filed for naturalizations with the explanation they had been approved in error?
Yes, I have heard of cases where naturalization was denied because, for example, the person was married when they entered on an immigrant visa in an unmarried category, or the petitioner was dead when they entered, where they were legally not eligible for the status they got. That's not the case here. Permanent resident status is not legally automatically lost upon being out of the US for any period of time, and CBP has the legal authority to admit, in their discretion, a returning resident seeking to enter without the proper documents, into a perfectly valid, legal permanent resident status. They are not doing something that they are not permitted to do under the law, and the person is not getting a benefit they are not legally eligible for.