CBP officer makes a note on green card holder records

O

olan

Registered Users (C)
Hi there,

I obtained a greencard since 2006 but have been in and out of US sometimes for upto 1 year at times. On my entry beginning of this year CBP officer queried me that i do not intend to live in US permanently but only taking advantage of the green card. I originally intended to stay for a week and then go back .. but because of the hassle I have stayed in US (longest ever since obtaining greencard) for past 10 months, worked and still does, rented an apartment, own a car, pay utilities etc.
I now want to travel back home for 1 week to get all my stuff since I have now decided to live in US. Do I have enough proof that I do not intend abandon peemanent residency. The CBP officer warned me that if i travelled back the following week as planned I could be refused entry and he said he made that note on my record.
Any info appreciated.
 
You have stayed in the US for the past 10 consecutive months? Then you should have no problem with taking a 1 week trip at this time. Just make sure you reenter with a return ticket that ends up in the US, or a one-way ticket.
 
Yes, they can make an entry on your passport...

as it happened to me. After returning from overseas from a long trip of over 11 months the officer seemed little puzzled about how long I was gone as I had a new PP with no dep/arr record.

So, he asked for the old passport and studied it carefully, then probably noticed I had left last year and did a calculation and then made a note on my new PP along with arrival stamp of 11 months.

Which means I will be grilled every time I travel again for more than six months (or even be denied entry) and of course big headache at the time of citizenship unless I wait for the longest time to be eligible again (even though I may have valid reasons for staying away).

olan said:
Hi there,

I obtained a greencard since 2006 but have been in and out of US sometimes for upto 1 year at times. On my entry beginning of this year CBP officer queried me that i do not intend to live in US permanently but only taking advantage of the green card. I originally intended to stay for a week and then go back .. but because of the hassle I have stayed in US (longest ever since obtaining greencard) for past 10 months, worked and still does, rented an apartment, own a car, pay utilities etc.
I now want to travel back home for 1 week to get all my stuff since I have now decided to live in US. Do I have enough proof that I do not intend abandon peemanent residency. The CBP officer warned me that if i travelled back the following week as planned I could be refused entry and he said he made that note on my record.
Any info appreciated.
Click to expand...
 
GC_TRAP said:
Which means I will be grilled every time I travel again for more than six months (or even be denied entry) and of course big headache at the time of citizenship unless I wait for the longest time to be eligible again (even though I may have valid reasons for staying away).
Click to expand...

You are just assuming things.

Unless the officer entered something in the computer, an entry in the passport is not a guarantee of investigation. Sometimes they just scan, ask you a question and then welcome you back to US. I am sure they don't always visually scan all pages of the passport.

Unless the officer formally warned you about the long trips back to your home, I do not think you have a reason to be denied entry after "just one" more long trip.

And any headache at the time of citizenship will happen irrespective of an '11-month outside' stamp in the passport.
[EDIT - These comments based on TRAP's explanation and do not pertain to the original poster.]
 
....tax filing questions

Thanks to all of you guys for the replies. I had no hassles at POE on my return. I was a bit skeptical about RE permit cos I have been away for so long it might not be granted.

I have never filed taxes since 2006 when I became PR because until now the maximum time I have spent in US is less than 2weeks.

I ve worked most parts of this year so should ge filing taxes come Jan/Feb 2011. My Q's are:
1. Can I file retrospectively for 2006-2009 with my 2010 return?
2. 2006-2009 taxes will be based on earnings from overseas (UK). I wouldn't owe any taxes cos my earnings are below exemption threshold. What implications will this have for naturalization? I understand I need 3 years tax return for naturalization but I also know there is a Q on the NAT form as to whether you have failed a file return.
3. All my absences from 2006-2009 have been more than 6 months; is it safe to say that I have broken my continuous residence and have to start another 5 year cycle?
OR:
My plan is to stay in US (with minimal travel) from 2010 - 2012 (3 years) and then apply for naturalization at the end of 2012. By then I should have been in US for more than 2.5 years of the previous 5 years; but will the travels of more than 6 months (btw 2008-2009) be a problem?

Any help appreciated.
 
Unless you're married to a US citizen, you'll need to wait 4 years + 1 day from your last return, since continuous residence has been broken.
 
olan said:
I have never filed taxes since 2006 when I became PR because until now the maximum time I have spent in US is less than 2weeks.
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So you didn't file taxes because you thought you were a nonresident?

LPRs and US citizens are supposed to file US tax returns on worldwide income, regardless of where they live or work. Unless you made less money than the threshold to be required to file (approx $9000 for most single people, or 4 hundred dollars for self-employed).

1. Can I file retrospectively for 2006-2009 with my 2010 return?
Click to expand...
You need to file the old returns, but I don't know if you can file them together with the 2010 return. There might be a different address to send the old returns, especially if you have to pay any interest or penalties. Check the IRS web site or call them or ask your accountant.

I think it would be better to file the 2006-2009 returns first, either paying all outstanding amounts or getting the IRS to agree that you don't owe anything in the first place, so you can have a clean slate when filing the 2010 return.

2. 2006-2009 taxes will be based on earnings from overseas (UK). I wouldn't owe any taxes cos my earnings are below exemption threshold.
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Which exemption threshold? The standard $9000 one, or the $91K foreign income exclusion?

You better get a tax accountant who has experience in taxation of foreign income for LPRs and US citizens, so the various exemptions, treaties, and credits will be applied correctly. If you try to do it yourself and get it wrong, you might end up paying a bigger penalty or paying too much taxes.

3. All my absences from 2006-2009 have been more than 6 months; is it safe to say that I have broken my continuous residence and have to start another 5 year cycle?
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Yes, you basically are on a new 5 year cycle; plan to apply in 2015. You're unlikely to be successful with the 4 year + 1 day rule, as that generally requires you to prove ties to the US during the last year of absence (2009-2010), which will be problematic given that you didn't file taxes on time for 2009.
 
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Yes I am talking about the Foreign Income exclusion as I have been taxed already in UK and I understand US n UK have treaties. My income in each of the years is less than $40k but I guess it will be messy trying to file a return cos I was a student and working more than 1 job most of the time. Guess I have to talk to an accountant about that.

So i have to wait another 4 years (i have stayed in US most of 2010)...i cant imagine being away from my family for that long a time. My best bet is to file GC for my wife asap. Does tax return have any bearing on that? Or can I just go ahead and file for her now pending when I sort out my tax issues. I understand GC processing for LPR spouses are fast these days (like a year)....
 
Maybe I misunderstand all of this stuff BUT- If you are a GC holder, how can one be 'employed' out of the country? Would that not in itself set off a flag when you apply for citizenship when they see that on your tax return?

Sure you can have 'income'/funds or whatever be sourced from foreign but school, RE permit or not, I would think it gets grey if you note you are working...I am just the messenger..trust me I wish it was different too.
 
Vandeluca, the scenario is possible. In my case, I got the GC when I was beginning to get settled and 'know my way around' in UK and couldn't just leave everything and move to US. I was studying yet needed a source of income to fund my studies which fortunately/unfortunately exceeded $9000/year income. I also got married in the process...

Maybe it's a good idea afterall not to file tax for those years and kind of 'pretend' I didnt work at all but only schooled. Life will be a lot easier I think. The question about employment keep popping up in most of the forms...on I130 you have to state your employment for last 5 years. As I said I worked 2, even 3 jobs at times.

I wont owe any taxes anyway so not robbing uncle Sam ...
 
Hey..I have no problem personally..'they'/Sam does...lol..
Your hands get tied..they never give room for 'grey' areas..
I just mentioned it b/c I did not want you to make a problem for yourself or at least research it...v
 
olan said:
Maybe it's a good idea afterall not to file tax for those years and kind of 'pretend' I didnt work at all but only schooled.
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Don't do that. They are already suspicious that many LPRs and citizens who live abroad are hiding some or all their income from the IRS. You're more likely to be investigated than the average Joe. File the returns with accurate information and get it over with. Get them done in December, when it is still an off-season for tax accountants so they will be more willing to negotiate a good rate.
 
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