Can aircraft deny boarding ?

S

sabyasachi

Registered Users (C)
I have green card and am absent from US for more than three years. If I want to return, will the aircraft deny boarding because the period of absence is more than one year and I cannot use my green card as a valid travel document ? I don't have a valid reentry permit also.
 
sabyasachi said:
I have green card and am absent from US for more than three years. If I want to return, will the aircraft deny boarding because the period of absence is more than one year and I cannot use my green card as a valid travel document ? I don't have a valid reentry permit also.
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I do not understand your question's relevance. You have been absent from the US for more than 3 years without a re-entry permit ---- even if you were allowed on to the aircraft, you would be denied admission at the POE.

Unless you have a very good excuse and apply for a returning resident visa, you are SOL.
 
Airlport staff doesn't even check how long you were out of the US. There is no way for them to know unless they check the stamps in your passport, and I even don't think that airport officials know about LPR revocation if GC holder stayed out of the US too long.

You have to worried about entry to the US rather than boarding the plane.

BTW, out of curiosity, how is it possible to stay out of the US for 3 continuous years but your reentry permit which is suppoesed to be 2 year validity JUST got expired ? Did someone else in the US renew reentry permit when you were out of the US ? If so, that may trigger another issue.
 
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sabyasachi said:
I had a reentry permit valid upto Aug'2006. I don't know whether that makes any difference or not.
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The math does not add up ---- you said that you have been out of the US for 3 years and yet your re-entry permit, which is valid for two years, expired Aug. 2006.

I suspect, by a logical deduction, that someone filed for you in your absence. This may present an issue. And then you managed to even overstay that period of time. Big issue.

You have to learn that the legal system is not a flexible paradigm. If you submit a brief to a court that has to be no longer than 10 pages, 10 pages and one sentence over will not suffice. I don't know what makes you think that returning in Nov./Dec. is even close to returning within the time allotted.

Just based on the facts you have given ( I do not know your particular situation) you will have problems. If you have very extenuating circumstances, you may apply for a returning resident visa ---- but the success rate is low. Either way, if you want to return, act now and seek professional help quickly.
 
sabyasachi said:
I had a reentry permit valid upto Aug'2006. I don't know whether that makes any difference or not.
Click to expand...

The math does not add up ---- you said that you have been out of the US for 3 years and yet your re-entry permit, which is valid for two years, expired Aug. 2006.

I suspect, by a logical deduction, that someone filed for you in your absence. This may present an issue. And then you managed to even overstay that period of time. Big issue.

You have to learn that the legal system is not a flexible paradigm. If you submit a brief to a court that has to be no longer than 10 pages, 10 pages and one sentence over will not suffice. I don't know what makes you think that returning in Nov./Dec. is even close to returning within the time allotted.

Just based on the facts you have given ( I do not know your particular situation) you will have problems. If you have very extenuating circumstances, you may apply for a returning resident visa ---- but the success rate is low. Either way, if you want to return, act now and seek professional help quickly.
 
I will try to clarify the maths in reentry context. I returned in Aug'2003. Before that I applied for reentry permit. I got the reentry permit in India which was issued on Aug'2004 and which expired on Aug'2006. It took one year to issue the reentry permit. Is that an issue ?
 
sabyasachi said:
I will try to clarify the maths in reentry context. I returned in Aug'2003. Before that I applied for reentry permit. I got the reentry permit in India which was issued on Aug'2004 and which expired on Aug'2006. It took one year to issue the reentry permit. Is that an issue ?
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OK, then as long as it says validity is Aug 2004 to Aug 2006, reentry permit issue is cleared except for the fact you overstayed.
You still have to deal with POE officer when you enter the US, though.
 
sabyasachi said:
I will try to clarify the maths in reentry context. I returned in Aug'2003. Before that I applied for reentry permit. I got the reentry permit in India which was issued on Aug'2004 and which expired on Aug'2006. It took one year to issue the reentry permit. Is that an issue ?
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There is still the problem of it being Nov. 2006 right now. For your sake, I hope you have seeked good professional advice, have your bags packed and your best suit ready. This is not really a time for wondering about things on a newsgroup ---- you had better act if you want to preserve a small chance of returning.
 
sabyasachi said:
I have green card and am absent from US for more than three years. If I want to return, will the aircraft deny boarding because the period of absence is more than one year and I cannot use my green card as a valid travel document ? I don't have a valid reentry permit also.
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The airline pilot can deny boarding if you present yourself in a manor to indicate drinking or drugs. The pilots decision is final.

The decision (even if you have valid visa or re entry permit) to allow entry passenger into the USA is up to immigration officer at Port of entry. Unless you are seeking ayslum you have no right to legal advise.
 
GotPR? said:
BTW, you definitely need SB-1. File is at the nearest US consulate.
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Absolutely agree ---- and chances are not that good for him to receive it. Incidentally, the only reason I referred him to professional advice, is because he does not seem to believe what people tell him on the NG. It is a serious situation, and he does not really seem in a hurry with it.
 
You should apply for a returning resident visa at the local US consulate to re-enter the US. If you don't have valid reasons for the overstay and did not abandon your GC status by - maintaining the house, filing yearly US tax returns, maintaining bank accounts etc, you will clearly be denied the green card and you would be best to return the green card at the consulate and apply for a non-immigrant visa to enter the USA. In my opinion it was not a smart idea not to have entered the US for over 3 years if you had plans to resume taking up permanent residency in the US. If you were born in India then the current retrogression is anywhere from 2 years to 5 years for Eb2 and Eb3. It will be a long slog to get the green card if you were to loose it and re-apply.
Let us know how you went at the consulate.
 
The advice of the lawyer of my previous US company is that since I have not surrendered GC and will have an employment offer(in US), there is no need of a returning resident visa and I can return with a good chance of getting entry. I have filed taxes in these years as a resident, maintained bank accounts and credit cards. All these factors should go in my favor. What do you think of this advice ?
 
It's a long shot. Technically, you have abandoned the GC by overstaying beyond the the expiration of your reentry permit. Having a job offer is never enough to enter the US as a permanent resident.

You should seek competent legal advice before you board the plane. You should apply for SB-1 visa.
 
sabyasachi said:
The advice of the lawyer of my previous US company is that since I have not surrendered GC and will have an employment offer(in US), there is no need of a returning resident visa and I can return with a good chance of getting entry. I have filed taxes in these years as a resident, maintained bank accounts and credit cards. All these factors should go in my favor. What do you think of this advice ?
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I think that this advice is not very good ---- I am not aware of any case law that supports such an opinion. I suggest you contact a reputable immigration attorney that specializes in abandonment and preservation issues. There are many attorneys (including some very good ones) who are not knowledgeable about abandonment issues ---- it is a very specialized area of immigration law.

On a personal note: Your first post here was Nov. 23. By now (if I were you), I would have had a consultation with an experienced attorney and I would actively be working on making my way back. You seem to think you have all the time in the world and that your company attorney will take your hand through all of this.

Your chances for returning are already small. And the clock keeps ticking.
 
Of interest...

"Although two years is the maximum period for which a reentry permit is valid, there is no requirement that an application for a returning resident visa be submitted within two years of the alien's departure. It may be that Congress limited the maximum validity of the reentry permit to two years in the belief that the evaluation of the alien's continued intention to return could, after a two-year absence, best be made abroad, through a consular interview."

From http://foia.state.gov/masterdocs/09FAM/0942022N.PDF
 
byegeorge said:
Of interest...

"Although two years is the maximum period for which a reentry permit is valid, there is no requirement that an application for a returning resident visa be submitted within two years of the alien's departure. It may be that Congress limited the maximum validity of the reentry permit to two years in the belief that the evaluation of the alien's continued intention to return could, after a two-year absence, best be made abroad, through a consular interview."

From http://foia.state.gov/masterdocs/09FAM/0942022N.PDF
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Absolutely correct. In theory, you could apply 5 years later. In reality, it is very unlikely that you will succeed.
 
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