How to prove LPR intent on return from a trip?

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When one want to be out US for long periods,say for more than an year,
all of us know we need to have a Reentry Permit.For long periods or for Even for short periods of trips,CBP officer may question about the temporary nature of the visit and may ask to prove your PR intent and ties with U.S.
But to maintain the above what are the various things to .?
Below are some documents which may be of help to understand more about the requirements,even if your abscense from US is short/long or you have an REP or SB-1 . (this is just an attempt to compile data to extent possible,at one place, to come out of the myth of 'temporary nature' and intent etc..)
Already a brief list given in :http://uscis.gov/graphics/howdoi/PermRes.htm.
It is little more detailed about the ties to maintain,in this doc. :http://foia.state.gov/masterdocs/09FAM/0942022N.PDF.
Just for information and example:a case where having REP and filing tax returns is not sufficient to retain PR:http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=7th&navby=case&no=963686.
(many more cases exist about the PR intent and denial).
From the above,an individual may deduce his own applicable defense .
(Appreciate if more inputs if some body is aware of -sources).
 
If a PR makes an overseas visit of duration shorter than 6 months then they are not "seeking admitance" and it is treated as if they never left and so it is a non-issue.
 
brb2 said:
If a PR makes an overseas visit of duration shorter than 6 months then they are not "seeking admitance" and it is treated as if they never left and so it is a non-issue.
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My understanding is that the CBP officer has the auhority to question
irrespective of durtion of trip,once they feel some thing is fishy.
We can not simply presume that CBP will never question if the trip is less than
6 months.If they question? should you be prepared to answer or not?
Like where do you live,do you have own or rented,is your family is with you ,about childeren...can be questioned in general way also but carry lot of meaning.
Is there any source /data that they won't ask you at all.Otherwise better to be prepared for any eventuality,hence you are safe.So this can be an issue.
Again it is all individual's call.
 
JoeF said:
Yup.
They can pretty much ask you anything (there are of course decency limits.)
But anyway, if they want to deny you entry, you can ask for a hearing in front of an immigration judge. My understanding is that they allow you time to provide evidence for your continued residence in the US. In particular, things like credit card bills, phone records, etc. that show that you were in the US when you said you were. With immigration, you are unfortunately guilty until you show your innocence.
.
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Exactly.That might be the reason,one lwayer has posted in his site,to
carry whenever you go out:
In addition to the normal docs.,he suggested to carry with you the additional things like DL/latest credit card/utility bills/rental reciept/recent bank statement/income tax return copy. (which ever relevant).
Of course,this normally seems be overly/extreme carefulnes but these comes handy immediately if or when one is encountered the above mentioned situation.
 
JoeF - Isn't it the case that if your trip is less than 180 days then INS has to prove that you abondoned your residence and if your trip is more than 180 - then the burden of proof is on your side?


JoeF said:
Yup.
They can pretty much ask you anything (there are of course decency limits.)
But anyway, if they want to deny you entry, you can ask for a hearing in front of an immigration judge. My understanding is that they allow you time to provide evidence for your continued residence in the US. In particular, things like credit card bills, phone records, etc. that show that you were in the US when you said you were. With immigration, you are unfortunately guilty until you show your innocence.
Such a situation would of course be quite unpleasant, and getting a lawyer to handle it should be a top priority.
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Re-entry After 7 Months !?!?!

Hi,


Can anybody tell me if I will have a lot of difficulty getting back in US with my GC after about 7 month trip. I left because of some medical problems so wanted to stay close to my family and also to get second opinion from doctors in my home country. Meanwhile I also got divorced :( I still have address (my ex-hubsband's), friends, bank accounts in the US....filed taxes jointly...

Also does anybody know if they record your depature(track the time you are outside of US) with green card??

Thanks!
 
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k2005 said:
Hi,
Can anybody tell me if I will have a lot of difficulty getting back in US with my GC after about 7 month trip. I left because of some medical problems so wanted to stay close to my family and also to get second opinion from doctors in my home country. Meanwhile I also got divorced :( I still have address (my ex-hubsband's), friends, bank accounts in the US....filed taxes jointly...

Thanks!
Click to expand...
Lot of difficulty?Can't tell for certain.
However,
You are already just above the 'possible safety net' of below 'six months 'and
there will be likely hood of more scruitinizing about your 'abandoning' ties condition.It is not that every person who crosses this 6 months is taken negatively by every officer,but it is quite possible the CBP officer may always think the otherway.It may also depend on the officer inquiring that how hard you are scrutinized.
The only available way is to prepare best and is to convince CBP officer about your 'ties'
to US in as many ways as possible in your situation and how you convince.
See the links provided of the post 1.
1)Prepare your self a list of items you can comfortably prove for the so called ties(it is much more better,if you have any copies of these with you at the time of arrival,incase .. ).
2)Get medical certificates and show as proof that your short stay was
involuntarily extended becuase of pressing medical condition.
(be careful that your medical condition shall not be one under 'excludable'
items .check your medical condition for this before you decide to show this
to CBP officer,It may be a problem but I am not sure about this).
Regarding your Q,how your arr/dep tracked by CBP,we are not sure
what their computer shows.But flight manifests are sent to CIS/CBP by all airlines.Your name will be threre in the list.
May be from these lists, if you lie you may be in greater trouble.
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The above is just an suggestion and not an legal advice or opinion.
 
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Thanks for your suggestions... :)

I am not sure about the medical condition, but I hope it will not be under exclusion- it is actualy early stage multile sclerosis (so it is not an infectious disease, only costly to treat:( ) Also in my home country I dont qualify for treatment at this point (I mean it is not reimbursed by insurance), but in US I do. I plan on starting COBRA insurance to continue my husband's coverage plan. Shall I tell all of this to the CBP officer??
 
k2005 said:
Thanks for your suggestions... :)

I am not sure about the medical condition, Shall I tell all of this to the CBP officer??
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Generally :
When you present your docs(GC for ex.). for CBP officer at POE:
It is better
1)not to give much info' than asked by officer.(because it may not be required or it may push you in to problems)
2)Answer straight to the question with out elaborations unless explanantion is asked for.
3)Formulate replies only to present the FACTS as to your advantage.

Coming to your situation,I am not an expert but your medical condition may not pose problem.
If asked why you were out for 7 months(if not asked and allowed to pass, it's cool and don't need to tell any thing)
What all you need to push is you were in some kind of in capacitation/sick for travel on earlier schedule, due to a medical condition and for treatment.
If further asked to justify what?then you may need to show some doc.from your doctor which satisfy the question.
Second is you need to prove the ties here if further asked for.
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I am not lawyer and above is not an advice.Use at your descretion.
 
How much does time matter???

Hello,

regarding the threads above (proving LPR status after leaving the US for 7months):

Is it a larger issue if i am out of the country for 8, 9 months instead of for just 7?

Or is it really just the breaking point of 6 months that really matters.

Thanks!! :confused:
 
k2005 said:
Hello,


Or is it really just the breaking point of 6 months that really matters.

Thanks!! :confused:
Click to expand...
Yes.Any period beyond 6 months but less than year will be the same.
Above one year with out Rentry permit, is much more different and hardest scenario.

When you come back, post your recent experience at POE which will help
others.
 
Return on GC after 11 months

I was really scared of being interrogated because of my 11 month stay in Europe. I had all the documents that would prove my legitimate stay abroad, however i was still afraid and nervous that I might be questioned.

Nothing happened, the officer just asked my how long was I in Europe, I simply replied 11 months and he let me go! As simply as that. Good Luck everyone :)
 
k2005 said:
I was really scared of being interrogated because of my 11 month stay in Europe. I had all the documents that would prove my legitimate stay abroad, however i was still afraid and nervous that I might be questioned.

Nothing happened, the officer just asked my how long was I in Europe, I simply replied 11 months and he let me go! As simply as that. Good Luck everyone :)
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Good to see your post and it's good that every thing ended happily.
You encountered a good/positive officer and as I mentined not all will be
viewing it negatively but still better you had the docs. incase.
 
JoeF -

Okay - can you enlighten me how you can loose LPR status if you have the following:

1) Reentry Permit

I assume that INS agreed with your reasoning and agrees that you can be away from the US for the validity of reentry permit.

Let us assume that your purpose does not change.

On the reentry permit you write about when you will return and why (what event will casue the return e.g: contract ends).

2) Ties to the US

You maintain ties to the US to show that you are returning back. Otherwise only a stupid person would maintain ties to the US.

The ties to the US can include:
- property in the US - e.g furniture, car, cell phone. Ideally a home but not everybody has one.
- friends in the US. Ideally a family but not every immigrant has that.
- business affiliation in the US - you can do sthg here or at least be paid in the US
- taxes paid in the US
- bank accounts in the US
- credit cards that you use abroad

You make sure that you do not buy a house abroad or do sthg that makes it look like you are moving there.

And that's it - I think if you follow those simple precautions you should be fine at least this is what I was made to believe.

Is this the case?
 
Right. Obviously we are not talking about sthg extreme - like going abroad and doing drugs, killing people, getting HIV, stealing, getting cancer etc.

My point was that if you have a reentry permit and you follow simple precautions like what I stated above and you do not do sthg extreme and you do not get some screwed up disease (rare if you are careful) - then you should be fine.

Am I right?
 
I personally think that it would be an outrage if a person who

- has a valid reentry permit (So INS explicitely agreed that the reason is good enough for the person to leave the US for 2 years)

- maintained reasonable ties during 2 year absence (like bank accounts, business affiliations, property)

- was not sb. extreme a criminal or had diseases etc.

and still got denied entry which was then upheld by courts (i doubt such a person would not choose to fight in courts). Attorneys would generally know that such a case happened and they would talk about it. Instead they talk about obvious cases when a person clearly violated the law and got his his green card revoked.

I have not seen cases that would suggest this.

In this e-mail thread there was a person who had a reentry permit twice and when he could not get a third one - still tried to push the limit by staying out of the US for yet another year. Also kept almost no ties to the US just filed income tax and kept on extending contracts. In spite of the fact that the person did not bother to maintain ties to the US - they let him in couple of times on just a reentry permit.

Obviously in life everything can happen - you can be overrun by a bus tomorrow and be paralyzed but the likelyhood of that happening is next to nothing. My conjecture is the same with getting denied entry with a valid reentry while following simple precautions. Am I right?
 
robwoj,
1)If you want a straight answer for a simple case with no twists--
If a person maintained his ties(reasonably even only some --which were important in primary nature) and the trip(a temporary and again reasonbly temp.only and the reasons given by person are genuine):
Yes.he will gain an reentry easily.
(They may not see the extreme things in both maintenance of ties and temp. trip nature.Hence don't get much stressed up by that clauses.Remeber they should be convinced only with earthly possible ties and temp.nature of trip .They understand it as they are also humans and see the geniuneness of possbilities and reasons).
2)
A)As you have gone thro' the above case already and in some other legal cases--
If you see them,it sounds that the court also seeing for reasonable
things or to the covincing reasons of person--even why the person couldn't
maintain the requisites.They are not asking to follow just for all 100% idealogical things.
(This is general scene of the other cases also ,with some of the Circuit cases
where they are seeing the 'totality' conditions and circumustances of a particular person and the 'total ENVIORNMENT' of that, in deciding the cases than just on the utopian/idealogical/literal meaning of the just the law/clauses.Positive side is there, is some humane touch involved in the discussion.This some times the modus may not be with some IJ decisions or BOA decisions,but with later appealed in circuits,as it seems).
B)Here you see another case.The person has not maintained not much ties and job , working in a job in a foreign country.
Here, not the literal meaning of the law is not considered but the total
circumustance and the compelling conditions there on which made the person incapable of mainatining the ties are considered!the person was given relief.!

http://caselaw.lp.findlaw.com/data2...aw.lp.findlaw.com/data2/circs/6th/033771p.pdf.
3)So--don't get much stressed up but you must be genuine in trying
to maintain the requisites to max. possible and if not there shall be strong genuine reasons which were beyond your scope-why you could not maintain the things and you shall be able to convincing them.
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layman's opinion.Not a leagl advise.
 
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