After receiving GC, how ..

R

redforgreen

Registered Users (C)
... do BCIS track, how long one was out of country?. As I understand I-94 is not issued to permanent residents, and there is a some mimimum requirement of stay per year in US after recieving the GC.

I may need to stay in my home county (for some family reasons) for more than six months, and am defering this travel till I recieve my GC.

Gurus, please comment.
 
I had asked similar question to my attorney sometime back. His reply was that after getting my GC I must maintain the permanent residency in US. Essentially, I should be able to prove that I have sufficient ties in US to qualify as a permanent resident. Which include but not limited to (this laundry list may vary from person to person):

1. A place of residence (rental or own)
2. Maintain driver license.
3. Bank accounts.
4. Credit Cards.
5. Employment (???).
6. File tax returns as resident even while out of the country.
7. Physical presence in US for 180 days or more in a year

There was couple of other things that I don't recall right now. In a nutshell you must be able to prove that you still have active business here, and that you primarily live here and temporarily you were out of country to take care of some business.

Also, while opting to go out for a long period, you need to submit a form which is, Application for long absence (I don't know the exact name of the form) and seek approval from BCIS.

Again this is not a legal advice; I'm quoting it as per my knowledge. Please seek an advice from an attorney for the best answers.

Thanks
 
Guys, thanks for your reply, it helps a lot ...

One question that still remains unanswered is, after recieving the GC, If I leave US and return back after 181 days, how will BCIS come to know that I was out of country for more than minimum requirement of 180 days, and may deny me the entry or initiate the deportation?.

Gurus, appreciate any response.
 
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After GC stamping there is no I 94 (I think) but, I know that BCIS do track people going out and coming into the country. How do they do that I'm not very sure.

My guess is that either they have some alliance with airlines to report who went out and when. If you have I 94 then things are simple as airlines would submit that to the BCIS. But, in case of citizens and GC holders airlines might be reporting the pessenger list to BCIS.
 
Out of US after GC

My parents are GC holders and they went to India for about 6-7 months, They just sent a letter (two) to BCIS (INS then) about their intent. BCIS replied back accepting my mother's application when they were already in India. There was no reply to my Dad's application.

However, They were questioned by the immigration officer at the POE for 5-10 minutes about reason's for their long stay in India, USA, Myself, My sister (Citizen) etc etc .

It's better to carry all relevant documentation.
 
when u enter any country there would be a stamp on the passport, so form the diff stamps on the passport they can figure this out.i amy be wrong but this would be the easiest and logical way to do but BCIS might have some very inteligent way to track
as they always beat logic.
DJ
RD JAN 03,2002
ND JAN 08,2002
FP OCT 24,2002
AD ?
No RFE so far
 
At the POE you must have observed that immigration guys
look at the Indian immigration POE dates and can very well know how long you have been out. Secondly, someone was saying that now they have updated their databases, so that they can track all your previous entry in US. One should always be careful about these matters…
 
Re-Entry Permit

Check this out

http://www.immigration.gov/graphics/services/Emergency/index.htm

Re-Entry Permit
Lawful Permanent Residents(green card holders) use re-entry permits to re-enter the U.S. after travel of one year or more. For LPR’s returning to the U.S., re-entry permits are generally valid for two years from the date of issuance of the re-entry permit. The LPR should apply for this benefit before leaving the U.S.
 
Once exception to the above suggestions is travel to Canada. When you travel to Canada from the US, your passport is not stamped. Your passport is not also stamped when you come back in. This was the case with me.
 
If I am not wrong,the Actual Green Card

is scanned at the port of entry.
There are no stamps made in the passport - do not forget ur GC is hologrammed and bar coded,and the IIOs at the POEs do scan it.
I shall be travelling to Europe next month,with my card,and so shall know then..
Cheers
Jack
 
But if they don't scan it at the time of leaving the country then, scanning at the POE may not tell how long a individual was out of country.

Anyway here we just assume that BCIS has some way of determining that how long a individual was out of country, and one must be covered with re- entry permit and/or 1-191 for extended period of travel.
 
Jack...

Hey Jack bud, good to hear you have received your card. Best wishes with all...do drop a line or two whenever you can. Did you moved to Denver yet? (was that where you said you are moving too?) I have layover flights alot at Denver!! Anyway hope all work out with the misus all in the same zip code!

redforgreen - I have read before in the posts that sometimes before exiting, they will scan your PR card. I think it was one of the After GC threads. Not too sure...
 
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