Expecting problems at PoE ?

[Greengo]

Hello @ all:

A Green Card holder left USA several years ago. He is citizen of a country who do not need a visa when they enter USA as a tourist.

Now he wants to visit USA as a tourist by using his passport.

Should he carry his Green Card with him when he enters USA? He has no intention to enter USA with his Green Card because he knows well that he is not a permanent resident of the USA any more.

He likes to keep his Green Card as a reminder. That means he doesn't like to give it to anyone. When he claims in front of the immigration officer at the PoE that he doesn't have his Green Card any more because he has put it in the garbage, will he get problems then?

Is it a big deal for the immigration officer at the PoE when a former GC holder enters USA as a tourist? That means does the former GC holder have to face a lot of hard questions that might take several hours before he can enter USA at the airport?

He has a laptop with him. Will the immigration officer take a look at his laptop? That means can they look at all documents that are saved in his laptop? Another guy had some personal paper documents and the security guy read everything!

 

[pralay]

Sure they can.

I don't think so. They can search my laptop, they can check if that is really laptop or not. However, they don't have right to look at my data without any warrant or suspecion.

 

[AmericanWannabe]

I don't think so. They can search my laptop, they can check if that is really laptop or not. However, they don't have right to look at my data without any warrant or suspecion.

They can. I know a lady on B-1 was searched and the they even read her dairy , which sacred her because she wrote there she wanted
to study at some American university.

 

[pralay]

They can. I know a lady on B-1 was searched and the they even read her dairy , which sacred her because she wrote there she wanted
to study at some American university.

That's interesting. What's was the reason for "reading private diary"?

 

[AmericanWannabe]

That's interesting. What's was the reason for "reading private diary"?

I really don't think they need a reason. You have a right
not be searched but they have the right to deny your entry
so that I think if they ask for it, you have to give
them the permission to search unless you want
to fly back.

 

[pralay]

I really don't think they need a reason. You have a right
not be searched but they have the right to deny your entry
so that I think if they ask for it, you have to give
them the permission to search unless you want
to fly back.

That's true. The situation gets tricky. Most of the people don't want to go thru all the immigration legal hassles. My understanding is that they can search any "material" with you when you enter USA, but POE officer should not "interpret" any meterial. For example, officer can search the book I was reading in flight and check if I am hiding anything inside that book, but officer should not care about the title or content of the book.

 

[AmericanWannabe]

That's true. The situation gets tricky. Most of the people don't want to go thru all the immigration legal hassles. My understanding is that they can search any "material" with you when you enter USA, but POE officer should not "interpret" any meterial. For example, officer can search the book I was reading in flight and check if I am hiding anything inside that book, but officer should not care about the title or content of the book.

Wrong!!! the contents of a book matters lot sometimes.
If the CIS find a F-1 student is reading some books "US Immigration
Made Easy", "How to get a green card", etc they can deny
the student entry on basis of immigration intent.

For the same reason, if they find a B-1 tourist
reading aPeterson Guide to University Admission,
they can deny the tourist entry too.

That is why in prefaces of such books, you often
find the author's warning "Don't carry this book
in fronmt of an immigration offcier"

 

[AmericanWannabe]

That is why when I advise first-time F-1 students who are coming to
USA when they ask what to bring with them to USA. after I told them
bring clothes, whatever, I often tell them not to put any immigration
books in their baggages

 

[Greengo]

@ JoeF & friends

Hello JoeF and friends of this board:

Thank you for your information.

JoeF: To convince the officer that he doesn't have immigration intent anymore, is it enough to do the following three things?:

1.) Bring Form I-407 that he has printed out from the web and that he has already filled out and give it to the immigration officer at the PoE. I have dowloaded this form and it is a pretty small form. It should be no big deal if he gives the form to the immigration officer at the PoE before he is asked to do that and if he claims that he didn't know that he had to send it to the US embassy in his home country. At the same time he can give his Green Card to the immigration officer so that he can confiscate the Green Card.

2.) The second indication of not having immigration intent is his roundtrip flight ticket where the departure date from USA is clearly written and that this date is within three months after entering USA.

3.) He claims not to have filed his tax files in the US for the past years since he left USA, that means, since he abandoned his Green Card. In order to prove that he filed his tax files while he was in the US as a legal permanent resident he shows his tax files of the last two years when he lived in the USA.

As far as his laptop is concerned, he has no fears to show it to the immigration officer as long as he doesn't read his personal letters which are saved in his laptop and as long as he does not read his business documents.

I would appreciate your feedback. Thank you and keep up the good work.

 

[Greengo]

Time

Hello dear friends:

How long does it take to get the simple letter from the US embassy/consulate as soon as my friend has send the form I-407?

Is it a MUST to send the Green card and the form to this office? What happens if he doesn't do that but instead of doing this he hands the GC and the I-407 to the immigration officer at the PoE?

THANK YOU in advance, friends.