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GC holder DV 2015 Can't live in US for a long time reentry or returning

C

Cesar90

New Member
Hello...

My name is Cesar I am 25 years old and I am from Spain.

Well let's start with my case: I am just a greencard holder that won a green card in diversity lottery 2015 process. My interview was in November, 2014.

I went to US in May, 2015 in order to active my status. Then, they sent the plastic greencard to a relatives. Because I had to return due to my ties here and family. Afterwards they sent me the plastic greencard to Spain

Due to my problems here in Spain and mainly because I am only son and my father is not very good, I think that I have to stay here with them (my parents) for a long period.

My question is...

May I travel to the US just for some days to ask for the reentry permit for 2 years?
I can't stay in US for a month but can travel several times without any problem to make the biometrics, any interview, etc...

And if I stay outside for more than a year, I will have any chances to obtain the returning resident visa SB-1?

Thanks a lot in advance.
 
You're going to face some questions at immigration if you keep travelling in and out over a short period of time (for the biometrics etc), it would be better if you could just stay till the biometrics after you have applied for a re-entry permit. After that they can send the permit to the embassy/conulate near where you will be in Spain.

The SB1 (I am no expert but this is what I understand) generally requires that you can show you have stayed outside the US due to factors beyond your control, this doesn't sound like the case for you. (For example, you left on what was meant to be a temporary visit, but either yourself or a family member got seriously ill and you weren't able to travel/needed to take care of the family member, etc).
 
I disagree in general. As a new immigrant, you could get away with entering to apply for the permit, and re-entering for the biometrics. It's normal practice. Of course, there is always a chance of getting extra questions at the port of entry, but nothing that would jeopardise your GC. This is assuming that you intend to do this soon before being outside of the US for 6 months.

SB1 is a tough thing to get. Better not to even consider that if you can avoid it.
 
While it is cafeconleche's right to disagree, my comment was based on my own experience of such happening. They don't seem to like new immigrants coming in twice in a short space of time if both are on return tickets out of the US again (they see this clearly on their systems because of the airline info capture), and at least in my case I got very stern questioning the second time about where I was currently actually living, working etc and a warning about residency requirements. Judging by cafeconleche's timeline any such travel on his part as a new immigrant would have been done quite a long time ago whereas mine was fairly recent.

I'm also not entirely clear on whether or not a re-entry permit is a formality or is granted on a case by case basis, if the latter case there is an added level of risk doing this.
 
Cesar90 said:
Hello...

My name is Cesar I am 25 years old and I am from Spain.

Well let's start with my case: I am just a greencard holder that won a green card in diversity lottery 2015 process. My interview was in November, 2014.

I went to US in May, 2015 in order to active my status. Then, they sent the plastic greencard to a relatives. Because I had to return due to my ties here and family. Afterwards they sent me the plastic greencard to Spain

Due to my problems here in Spain and mainly because I am only son and my father is not very good, I think that I have to stay here with them (my parents) for a long period.

My question is...

May I travel to the US just for some days to ask for the reentry permit for 2 years?
I can't stay in US for a month but can travel several times without any problem to make the biometrics, any interview, etc...

And if I stay outside for more than a year, I will have any chances to obtain the returning resident visa SB-1?

Thanks a lot in advance.
Click to expand...

Please get me right, I do have a lot of sympathy with your personal circumstances related to the health of your parents: nevertheless it would be rather irresponsible from our side not to point you to potential issues you always certainly will be facing at some stage while trying to implement a 2+ year absence plan, just interrupted by short visits to the US:

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence
 
usamommy2015 said:
Can't you go with them? They can be on visa waiver i think.
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Visa waiver only covers periods up to 3 months, and taking someone who perhaps needed ongoing medical care to USA is a VERY expensive option compared to the good free healthcare available in Spain.
 
Britsimon said:
Visa waiver only covers periods up to 3 months, and taking someone who perhaps needed ongoing medical care to USA is a VERY expensive option compared to the good free healthcare available in Spain.
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I meant until his re-entry is approved. Surely it will be less than 3 months. If the father can hold up for 3 months then that would be ideal.
 
Well, thank you for every answer.

It helped a lot, I will try to go in january/february and fill the reentry permit if they let me, I will try to do that in the same week.

I saw (I do not remember where) thay may they let me do the biometrics in a short period of time if I explain my situation and they are in good mood, I will try it.

Thanks a lot mates!
 
Good luck!
It may be helpful for future members if you return and post your experience afterward?
 
Cesar90 said:
Well, thank you for every answer.

It helped a lot, I will try to go in january/february and fill the reentry permit if they let me, I will try to do that in the same week.

I saw (I do not remember where) thay may they let me do the biometrics in a short period of time if I explain my situation and they are in good mood, I will try it.

Thanks a lot mates!
Click to expand...

In order to do the biometric you need to have filed, and got the biometric appointment letter. That appointment might be some weeks after the letter arrives, so during that time you can attempt a walk in. But filing and getting the letter will take longer than a week.
 
Britsimon said:
In order to do the biometric you need to have filed, and got the biometric appointment letter. That appointment might be some weeks after the letter arrives, so during that time you can attempt a walk in. But filing and getting the letter will take longer than a week.
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Neither will the physical Green Card have arrived by mail. You also will have to find a way to pay USCIS in USD. Of course stuff can be arranged, yet doing all of this successfully in one week sounds like a stretch...
 
The OP already has the physical GC.

SusieQQQ: you might have had this experience, but your statement implies that the OP is definitely 'going to face some questions' that are stern like you faced. This is not true, especially for new immigrants who are known to have to delay their move sometimes. It's not a guarantee that it'll be smooth sailing, but I've already said that.

The OP can apply for an expedited RP, and maybe get the biometrics letter early. He also says he can come back for biometrics, which is fine.

RPs are essentially issued as a matter of course unless the applicant has been out of the country for over four years already, in which case it will either be limited for one year, or rejected.
 
cafeconleche said:
The OP already has the physical GC.

SusieQQQ: you might have had this experience, but your statement implies that the OP is definitely 'going to face some questions' that are stern like you faced. This is not true, especially for new immigrants who are known to have to delay their move sometimes. It's not a guarantee that it'll be smooth sailing, but I've already said that.

The OP can apply for an expedited RP, and maybe get the biometrics letter early. He also says he can come back for biometrics, which is fine.

RPs are essentially issued as a matter of course unless the applicant has been out of the country for over four years already, in which case it will either be limited for one year, or rejected.
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I stand by my point that if he keeps travelling in and out (he's already been in and out once and now he's looking to do 2 more entries in a short space of time) he will very likely face questions, and please do not put words in my mouth to support your argument. Where did I say definitely?

By the way I also saw the "not true for new immigrants" advice like you state above. I also saw similar "you won't be questioned if you are gone less than 6 months advice". Guess what, it wasn't accurate. And I've since seen reports of others getting formal warnings in similar situations. Does it happen in every case? I'm sure not. Does it make sense to be prepared for the possibility rather than getting complacent because some guy on the internet says it never happens? Sure. It's pretty nerve-wracking when conventional wisdom about not being questioned is wrong and you're unprepared for it. I would have been far less worried, and better prepared, if someone had warned me it might happen. YMMV.
 
cafeconleche said:
The OP already has the physical GC.

SusieQQQ: you might have had this experience, but your statement implies that the OP is definitely 'going to face some questions' that are stern like you faced. This is not true, especially for new immigrants who are known to have to delay their move sometimes. It's not a guarantee that it'll be smooth sailing, but I've already said that.

The OP can apply for an expedited RP, and maybe get the biometrics letter early. He also says he can come back for biometrics, which is fine.

RPs are essentially issued as a matter of course unless the applicant has been out of the country for over four years already, in which case it will either be limited for one year, or rejected.
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It is obvious that OP has not in effect established permanent residence in the US, nor does he, according to his posting, intent to do so over the foreseeable future. The key reason to travel to the US, as reported, is to file for a reentry permit intended for US residents and hence requiring US presence during the filing process including biometrics. You are correct in that there is some leeway offered to new immigrants over a certain period (what this period is nowhere being defined), yet to predict that this scenario will not result in potentially serious issues for OP down the road is not necessarily in the best interest of OP, IMHO as he should better be prepared to find himself in a position having to argue his US IV status over the coming two years, which may well be the most likely scenario he will be facing at some stage.
 
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QUOTE="EURO2014, post: 2419182, member: 361442"]It is obvious that OP has not in effect established permanent residence in the US, nor does he, according to his posting, intent to do so over the foreseeable future. The key reason to travel to the US, as reported, is to file for a reentry permit intended for US residents and hence requiring US presence during the filing process including biometrics. You are correct that there is some leeway offered to new immigrants over a certain period (what this period is nowhere being defined), yet to predict that this scenario will not result in potentially serious issues for OP down the road is not necessarily in the best interest of OP, IMHO as he should better be prepared to find himself in a position having to argue his US IV status over the coming two years, which may well be the most likely scenario he will be facing at some stage.[/QUOTE]

Cafeconleche who you are responding to completely over-reacted to my post, where my original statement was "You're going to face some questions at immigration if you keep travelling in and out over a short period of time", somehow implying words that weren't there and arguing over some imagined interpretation. (He also baldly stated that it is "not true" yet that is exactly what happened to me in exactly the new immigrant situation he is talking about.) At no stage did I say that OP would be in danger of losing his green card, etc. But I would be very surprised if by his third entry - all on a return ticket out, which CBP can see on their systems - he just gets his passport stamped, again, without being asked where he is actually living or if he knows what the residency requirements are. And the way these questions are asked can be quite startling, particularly if people have been told not to worry about their travels and therefore are not expecting it. If OP does in fact manage to come in and out another two times without any questions from immigration, I'd love him to come back and report that fact here.
 
Oh and Cesar90 - remember you are required to file tax returns with the IRS for every year that your are a green card holder, even if you are living and working outside the US.
 
So, arriving to the US on a one-way ticket, which the CBP officer can see on the computer, is preferred, cause it's more likely to make the officer believe that you plan on settling for good, and not just coming for a short visit?
Also, isn't like a warning that you're given, at CBP admission, that you're likely to lose your residency if you continue long trips outside the country? So you can get an "Admitted stamp", but with a mention "Advised residency requirements"?
So when they do put this mention on your entry stamp, then you really know that on the next trip abroad, you're very likely to be refused entry when coming back again?

**Now that I remember, when I arrived to the States after a 5-month period abroad, they asked me about my luggage, and I was having 2 suitcases. I suppose they wanted to determine if I really intented to come for the long-term, like I said I was.
 
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s.brody said:
So, arriving to the US on a one-way ticket, which the CBP officer can see on the computer, is preferred, cause it's more likely to make the officer believe that you plan on settling for good, and not just coming for a short visit?
Also, isn't like a warning that you're given, at CBP admission, that you're likely to lose your residency if you continue long trips outside the country? So you can get an "Admitted stamp", but with a mention "Advised residency requirements"?
So when they do put this mention on your entry stamp, then you really know that on the next trip abroad, you're very likely to be refused entry when coming back again?

**Now that I remember, when I arrived to the States after a 5-month period abroad, they asked me about my luggage, and I was having 2 suitcases. I suppose they wanted to determine if I really intented to come for the long-term, like I said I was.
Click to expand...

I don't think they can refuse your entry but from what I understand (may be mistaken) they can take your green card away and parole you into the country with an order to appear before an immigration judge to argue your case.
 
s.brody said:
So, arriving to the US on a one-way ticket, which the CBP officer can see on the computer, is preferred, cause it's more likely to make the officer believe that you plan on settling for good, and not just coming for a short visit?
Also, isn't like a warning that you're given, at CBP admission, that you're likely to lose your residency if you continue long trips outside the country? So you can get an "Admitted stamp", but with a mention "Advised residency requirements"?
So when they do put this mention on your entry stamp, then you really know that on the next trip abroad, you're very likely to be refused entry when coming back again?

**Now that I remember, when I arrived to the States after a 5-month period abroad, they asked me about my luggage, and I was having 2 suitcases. I suppose they wanted to determine if I really intented to come for the long-term, like I said I was.
Click to expand...
There is much specific information to be found in the topic, I personally found this article to be rather complete and insightful which sums it up in my pov:

http://lawandborder.com/risk-abandoning-green-card-abroad-6-months/
 
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