I have a Green Card with a huge problem !!!!

D

Dieter

Registered Users (C)
Hello everybody,

First of all I like to thank everybody in advance for any answers.

I am a German who has the US-Green Card since 1996, thus, for five and a half years. Theoretically, I am eligible to apply for the US Citizenship, now.

However, soon after I got my Green Card, I went back to Germany because of my studies, which I started there. In December 2001, I came back to the US in order to work here for a while. I was lucky that at the US border I wasn\'t questioned, because I entered the US from Canada.

Now I again have to go back to Germany for at least 3 years. Unfortunately, since September 11, US officers at the US-border have become extremely strict. That means, if I leave the US for 3 years, I might be caught and as a consequence I might loose my Green Card, which would be disasterous, because I want to spend the rest of my life here in the US. On the other hand, I also love my home country (Germany) and I like to live there from time to time.

The best solution would be to get the US citizenship.

Here are the questions:

1.)
I can prove that I have lived here in the US in 2000 and 2001. If I apply for the US citizenship, do I also have to prove what I have done between 1996 and 2000? Or can I just write something, like for example that I have lived at my friend\'s house and enjoyed life without working or doing anything else?

2.)
Here in this immigrationportal-board, I have just read that US-residents who got the Green Card have to tell the INS within 10 days when they have changed their address, like for example when they have moved from NY to FL. I have never informed the INS about my address changes, because I didn\'t know about this. But I have changed my address within the US a few times. If I apply for the US citizenship, then the INS might notice this. Does it mean that because of this I shouldn\'t apply for the US citizenship, in order not to get trouble with the INS? Which penalty charges can I get, if the INS notice that?

3.)
If I apply for the Re-entry Visa, does the INS make a background check and does it ask me what I have done since 1996? Or is it easy to get the Re-Entry Visa without too many questions?

4.)
How can I still go to Germany? If I go to Germany and come back after the end of the 4th month, do I still get problems at the US border? I have read that it is allowed to stay outside the US for 5 months. But when I return to the US, I would have to go back to Germany after staying in the US for a couple of days. So can I come and go every 4 months, or do I have to stay and work in the US for a while before I am allowed to leave the country for another 4 months?

5.)
If I apply for the US citizenship, do I have to give up my German citizenship? I got my Green Card by family, but nobody from my family has the American citizenship and I was not born in the US. Does the US policy allow dual citizenship? I know that Germany does not allow that. So if I get the US citizenship, do US authorities inform German authorities about my US citizenship? Or is it up to me to inform German authorities about my US citizenship?

Sorry for these uncomfortable questions, but I am really in a bad situation. But I had to go to Germany in order to finish my studies.

Thank you all for your help!!!

Dieter
 
No Title

Basically, you can easily be deported.
Since you were outside the US for more than a year without reentry permit, you should have been disallowed to enter.

Reentry permit is good for up to 2 year and not 3.

You were practically not a US resident and you will be asked in N400 about employment and residance as well as your stay outside US. To get citizenship, you will have to lie for every second question (or worse). I don\'t know if anyone can be sure what INS checks and what it does not. I don\'t know what records they have of your departures and arrivals to US.
 
Note for Joe F

I have a friend. He had his GC in 1966, ie 35 years ago.
In 1967 he came back to Canada and lived there until 1998.
He kept his GC (old format)

He thought at first that he lost his GC, as you said. So he came in as a TN and H1B, all the kit !!!

One day, I introduced him to my attorney in Seattle.
After looking into the subject, the attorney suggested him to apply for a replacement of a lost GC, using all his A#, SSN.

His application was received, he got his temporary GC and is expecting a replacement GC.

What do you think? This is real. The attorney told him that he should never apply for citizenship. But he got his CDN citizenship, he just does not care...

I don\'t suggest anything to the gentleman who is asking the question.
I think that he will ahve a problem if he apply for citizenship.
Why don\'t he just ask for a re-entry permit. That will buy him 2 years.

Unless he fits the profile of a Mid Eastern with a German citizenship.
You know what I mean
 
No Title

Hello everybody,

Thanks for all your answers.

@ qtran111: No, I am not a terrorist. Hope, your question is responded herewith.

@ JoeF: I have no reason not to tell the true story on this anonymous board. I now am aware about the violation against the US immigration law. However, I did not know that it might be that serious, until you guys have explained me everything.

What I am going to do is:

I will never ever leave the United States for more than four weeks and in the next three, four years, I won\'t leave the country at all. The reason is that I love my Green Card very much and I never ever want to loose it. USA is a great country and there is no doubt about it that I want to live here for the rest of my life.

As I am not leaving the United States any more, even not for a short trip, I am hoping that nobody is going to find out my secret.

Because of JoeF\'s and the other guys\' warnings, I will not apply for the US citizenship, even though I have my Green Card for more than five years. I am also not intending to apply for a Re-entry visa, as I have to avoid any contact with the INS. However, there is no reason to apply for such a visa, because as I said, I am not going to leave the US any more.

Concerning JoeF\'s doubts about the reason why I went back to Germany after I got my Green Card: I really had to continue my studies there, as here in the US I would have to start from Zero again. I have no reason to lie to you on this board, as I am the person who needed advise.

As I have said, I was not aware about the seriousness of the violation that I have commited. You will laugh now, but I intend(ed) to start a new studies here in the US. I want(ed??) to study law here...

I do not know why I should contact an immigration lawyer, as I now know that I have violated against immigration laws and that the only way not to loose my Green Card is not to leave the US any more and not to tell anyone that since I got my Green Card, I have have left the country for a long time.

There is still one question left, gentlemen:

I got my Green Card because of my family. Do such people have to tell the INS everytime, when they change their location within the US where ther are living now? For example, when he has moved from wx/Michigan to xy/New York? If yes, then I again have violated against a law without noticing it. What can I do, should I tell the INS about my new address or is it better not to contact the INS because of my secret? What is the punishment if somebody did not inform the INS about the change of their address within 10 days? In the next few months, I have to change my location quiet often because of some private reasons. Does it mean that I have to tell the INS all the time when I am moving to somewhere else in the US, even though I am staying there for a couple of weeks or for a few months?

I like to emphasize how valuable you guys are for me. Thank you very much.

Dieter
 
Note concerning my question:

Before you reply to my question, I have to tell you that the address, which the INS has about me, is still valid. It\'s my uncle\'s address and officially I am living in his house. However, in case that the INS contacts my (official) address, the INS still would be able to contact me because my uncle has my current address.
I am hoping that because of this fact, the INS should be satisfied and that I do not have to inform the INS about my current address as long as my uncle is still living in the same house. What do you think, gentlemen? Thanks!!!
 
No Title

Law says PR needs to file AR11 to notify INS of address change.
If you temporarily move and you have permanent address, I suppose you don\'t need to notify INS.
I think most PRs have not notified INS about address changes.

When one is applying for citizenship, he needs to list each and every absence. However, if one was a PR for many years, it will be easy to forget one or more trips.

By staying in the US, you take a risk, that one day you will be caught and the risk becomes greater as the period becomes longer. However, I think applying for citizenship and "comfortably omitting" the 3 year absence after >>5 years of living in US, you stand good chance of getting the citizenship (which does not mean it cannot be later revoked).
 
It may not be that bad

As far as I can tell from doing a little research on various immigration sites, it is true that a green card may be revoked on reentry to the US after an extended absence, but only IF the immigration officer determines at the port of entry that you have abandoned your intent to reside in the US. However, if the immigration officer decides not to questiopn your intent and admits you, you are probably fine and the green card is probably valid. An extended absence outside the US, even without a reentry permit, does not automatically mean that you lose the green card (according to the quote below from the visalaw.com site).

But most of us here are not lawyers. If I were you, I would speak to an immigration lawyer. That is better than living the rest of the decade in fear of the INS, being too worried to travel, etc. as you said yourself in your message.

Also, you should NEVER lie to the INS. That is the one offence that can get you banned for life.

The quote from http://www.visalaw.com/95mar/3march.html follows:

"Lack of a reentry permit does not mean that the LPR cannot return to the US. Rather, the LPR must convince the US consulate or the INS official at a port of entry that he/she intended to return to the US and that the protracted period of stay out of the US was caused by unanticipated circumstances which could not be controlled. But this remedy is difficult to obtain and is best avoided if other options are available."
 
How can they deport, once you get the citizenship?

JoeF,
    Once he gets his US citizenship, he automatically looses his German Citizenship(According to him). So, where would they deport him to? If US decides to take his citizenship, where will he go? as he is not a citizen of any other country?

-What\'s in a name?
 
Note for Dieter - Profiling

I did not imply that you fit the profile of a terrorist.

However, I guess that if someone travels a lot overseas, on a frequent basis. the INS officers could scrutinize the passports and ask a lot of questions, that could be related to the GC status.

You could omit an unimportant detail, but they always could make a big story out of that.

I think the idea of having the return permit is not bad after all.
Just think about it and you will see that it buys times, and "normalizes the contact with the INS
 
Dual citizenship - Question to JoeF

Dear JoeF,
you\'re writing that since 2000, Germany would allow dual citizenship. I haven\'t heard about it in the German news. I only know that there are some exceptions for people who cannot give up their old citizenship, as their former country doesn\'t allow it (Iran, for example, doesn\'t allow to give up your Persian citizenship). Could you please explain me where you have read that Germany now allows everyone to have dual citizenship? I would really appreciate that, because it would be music in my ears!

Best regards,

Dieter
 
Thank you JoeF for the information

Thanks a lot for the information JoeF. I really appreciate it.
You are doing a wonderful job, helping others!! Keep it up!!
Happy New Year!!
 
Not exactly True

Mr. Joe F.

Your statements are incorrect. I did lose my residency because I left the country for more than one year. However, I did come back and 5 years later, received my Citizenship, WITHOUT an Immigration lawyer. We can\'t assume things always work out, but you just never know.
 
Aliens detained for failure to notify change of address

Hey JoeF,

I read somewhere on a web site (ACLU) that some of the so-called Sep 11 detainees are in fact for failure to notify INS about their change of address. If I come across it later, I will post it.
 
To Joef and Dieter

If I\'m going out of US, my plastic GC is not ready yet and ask my friends in US forward it abroad. Then I return with new passport(my old already does not have place for stamps) how can INS truck my past absences?
Assuming that I pay taxes and don\'t make any violations.
About change address notification INS- that\'s bullshit, ppl! I keep notify them already 2 years and changed address 4 times but it\'s still the same in their computer! I just hope to see my GC one day!
To Dieter: I do love Germany as well. I\'m not sure about, but AFAIK taking USA citizenship can not deny you PRREVIOUS citizenship, you\'ll get trouble only if you\'ll do smth against USA, or serve in military. I doubt that they will truck you USA citizenship in Germany and you\'ll get trouble through that.
To Joef- did not hear any stories about revoked citizenship (if again ppl did not do smth to piss our beloved country), please, share if you have any.
Thanks
 
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