Frequent Abscences from US

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stormbird

Registered Users (C)
Hi guys,
I have a similar issue as the other cases I read about abscence from the US but I goofed up in certain areas and was needing help /advice.

I have had a Green card since 2003 and and am married to a Natural born US Citizen. Our child is also a US Citizen ( Born Outside the US ). I was flying as a pilot with an airline in the US and got laid off in 2005. I then got contractual employment with an overseas Carrier.
( Goof Up Here ) I started flying for this company and coming back to the US every 5 months continuouslty since 2005 without getting a Re entry permit or a N470 ( I guess I thought coming back every 5 months was what was needed. Didnt research further at that time ) My Family stayed with me wherever I was . Did not have any problems til now.
( now for the Big un )This time when We went back to the US I didnt go as a crew member but as a Passenger. The Immigration officer felt I was spending too much time outside the US and suspected I was abandoning residence. The Officer wrote "4.5 mos 407Reg Adv" and told me to get this done otherwise I risked them cancelling my green card.

( Goof Up ) That was the Day India was targeted and attacked by terrorists and I HAD to leave immediately to be with my parents who were in Bombay. I got them to safety out of Bombay and now am in India wondering what to do . I have applied for jobs with some other airlines in the US and it might be a while but what can I do meanwhile.
I plan to come back to the US flying as a Crewmember in January.
I would also like to apply for US Citizenship because that is also a factor preventing me from employment with US carriers.
Will I be able to get a Re Entry permit now or an N470?

Any Advice would be greatly appreciated .

Regards
Nathan
( P.S Pardon any grammatical errors or spelling typos )
 
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Your 3 years of frequent trips outside the US were enough to raise the alarm to the extent of jeopardizing your green card, so it is very unlikely that you can obtain citizenship unless you return and put in a few solid years living in the US.

You can get a reentry permit, but (1) you must apply for it within the US, (2) they might limit it to 1 year due to the time you've spent outside the US since 2005, and (3) you'll probably have to clear up that existing issue with your green card.

You need a US company or government agency to employ you in order to get an approved N-470. Download and read the instructions.
 
Thanks for your reply Jackolantern. I figured that would be what I would need to do . About the part
" you'll probably have to clear up that existing issue with your green card."
How do I do that? I am apprehensive that if I just flew back to the US next month that they would destroy my Green Card. I would like to go there and sort out this aspect but is there any advice on what to do before I get there. Will just me being able to explain to the Immigration officer what my predicament was on entry be enough, should he be convinced? Or will his hands be tied since I left the country with the registry Advice on my Passport?
Can I do anything from Outside the country with my Wife and kid in the US.

Thanks again Guys
Nathan
 
Sorry, but I don't know what is "4.5 mos 407Reg Adv" and I don't know what the immigration officer told you. However, the longer you stay outside the US is the more trouble it will be for you. Get back to the US ASAP and seek a consultation with an immigration lawyer.
 
Hmmm

So does that mean I am done for and Have no choice but to surrender the Green Card?
Sorry if my questions seem idiotic and obvious its just bad timing for me ( not that anytime would be a good time for this )

Thanks.
 
stormbird said:
So does that mean I am done for and Have no choice but to surrender the Green Card?
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No. If it got to that point they would have taken it away and you'd be detained or scheduled for a removal hearing.

What it probably means is that they have warned you that they will forcibly take away the card on your next long trip if you don't surrender it yourself.
 
"they will forcibly take away the card on your next long trip if you don't surrender it yourself"
Would 1 month be considered a long trip? Because thats approximately how long I plan to go back in. Due to problems with resettling my parents away from Bombay. I Plan to be back by the 6th january. Is there anything I can do from here meanwhile. Would a Lawyer be able to file anything to help this situation so I dont lose my green card and thus be seperated from my family.

By The Way I have had my Address in the US and have my bank accounts and Have been filing taxes regularly and have US credit cards etc etc.

Thanx again Jackolantern
Nathan
 
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Hi again,

I Spoke to a few lawyers and one of them said that he has processed and obtained a ReEntry permit for a person while he was outside the country. Any ideas how that could be possible? and would that be a possibility in my case? If not then could I file as a returning resident and would that help my case? I am sitting outside the country missing my wife and son because I am trying to find out the necessary legalities on how to get home without getting the green card taken away and being deported.My Wife and son are Natural born US Citizens and We live in the US. The tough economic times and the nature of my Job as an Airline Pilot has be in this situation. Can they really do this to our family because they Feel I am not living in the US? Please help?

Thanx
 
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stormbird said:
I Spoke to a few lawyers and one of them said that he has processed and obtained a ReEntry permit for a person while he was outside the country. Any ideas how that could be possible?
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That must have happened in the days before they started requiring people to show up for fingerprinting, and USCIS didn't otherwise check that the person was in the US at the time of applying. The rules have tightened, so you can't apply from outside the US.

I am sitting outside the country missing my wife and son because I am trying to find out the necessary legalities on how to get home without getting the green card taken away and being deported.
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There is nothing you can do to help your situation while being outside the country. The longer you wait to return, the more likely they will revoke the card. So hurry up and get on a flight back to the US ASAP. If they deport you, you can have your US citizen wife re-sponsor you and you'll be back in the US in a year.
 
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"So hurry up and get on a flight back to the US ASAP. "

Reallly ? Hmmm because the Lawyer I spoke to said to stay put till she files the returning resident visa? |Do you seriously think I can come back without repercussions? She also said that I should file for a new green card just in case and to not come till all that was done? The other thing she said was to take all my tax papers and all my US documents to the local US Embassy and plead my case to them and see what they say about it.
Thanx for the quick reply Jackolantern
Nathan
 
stormbird said:
"So hurry up and get on a flight back to the US ASAP. "

Reallly ? Hmmm because the Lawyer I spoke to said to stay put till she files the returning resident visa?
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She wants to take your money. You were in the US as recently as a month ago, and your green card hasn't expired, so you don't need the returning resident visa.
Do you seriously think I can come back without repercussions?
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There might be repercussions, but the longer you wait the worse the repercussions are likely to be.

She also said that I should file for a new green card just in case and to not come till all that was done?
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It is a waste of time and money to file for a new one if the existing one hasn't been revoked yet. Do that only if it is revoked.
 
Okay now that puts my life into a whole new perspective. ( goood One ) Alright so you mentioned that there still might be repercussions. So what kind can I expect ?
What paperwork can I have with me, to support that I am living in the us and not abandoned my residency. I am flying as a pilot for an international airline and I am expecting a call from a particular domestic US Airline. Should I wait to to come home till I get that letter from them to come for an interview. I Expect that within 6 days. Or would just my correspondence with them suffice?
Any other paperwork you can think of to support my not abandoning my residency?
1 Tax Papers
2 Credit Card Statements
3 Bank Statements and transactions
4 letter of call for interview
5 Current business with a Flight School in the US
Anything Else?

Thanks a million
Nathan
 
stormbird said:
Okay now that puts my life into a whole new perspective. ( goood One ) Alright so you mentioned that there still might be repercussions. So what kind can I expect ?
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You could be detained, sent back, or scheduled for a hearing with an Immigration judge. Remember, you were warned for doing too much of something, then you went ahead and did more of it.
1 Tax Papers
2 Credit Card Statements
3 Bank Statements and transactions
4 letter of call for interview
5 Current business with a Flight School in the US
Anything Else?
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Have evidence of your marriage to a US citizen who lives in the US, and your children who also live in the US. But don't show that or the above stack of papers unless asked.

Perhaps a job offer from a US airline would help, but I don't know how much they (Immigration) would be inclined to believe that you actually intend to work for them, given your history. Ultimately, you need to convince them you're not going to soon go away on another trip outside the US, and such convincing would be difficult if you're still employed by a non-US airline.
 
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Hi guys

To give you an idea of what happened later. I ended up having to go back to the US. I couldnt file Re entry from outside the US. So I travelled back with no hassles and applied for teh reentry permit. It has been approved but they sent it to the Overseas consulate. ( wish I would have known and had asked them to send it to my home in the US ) but anyways now I have to go to the consul and get it. Took about 6 months for it to reach the Consul.
A question for anyone who can. Will the permit be from the date I applied or from the date that it was issued? and also We applied for a 1 year Re entry but the letter of acceptance had a 2 year validity so does that mean I have a 2 year re entry?

thanx for all your advice and support.
Ciao
 
Thanx Trip.

Now the lawyer who helped me get the permit said that I should apply for a 1 year as there was a chance that they might reject a 2 year app if I went strainght for that. When that 1 year permit expires what are the chances of getting another one year or a two year?
I have applied in a bunch of places in the US and all the airlines have sent replies saying that they arent hiring as of now and will call when they are.
Will those replies help in applying?

Thanks again for all your help and suggestions guys.

Ciao
 
stormbird said:
Now the lawyer who helped me get the permit said that I should apply for a 1 year as there was a chance that they might reject a 2 year app if I went strainght for that. When that 1 year permit expires what are the chances of getting another one year or a two year?
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I don't think you'll be able to get it for more than 1 year. The I-131 instructions say the following:
Generally, a reentry permit issued to a permanent resident shall be valid for two years from the date of issuance. However, if since becoming a permanent resident you have been outside the United States for more than four of the last five years, the permit will be limited to one year, except that a permit with a validity of two years may be issued to the following:

a. A permanent resident whose travel is on the order of the U.S. Government, other than anexclusion, deportation, removal or recission order.
b. A permanent resident employed by a public international organization of which the United States is a member by treaty or statute.
c. A permanent resident who is a profession athlete and regularly competes in the United States and worldwide.
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