I have GC but spending lots of time abroad! Help me pls!

I

IloveAmerica2

Registered Users (C)
Hi Y'all particularly people like JOE that are so helpful!

Ok - here is my situation. I have GC. I am about to fly back to US having spent 178days in UK [my country], just less than 6 months!

I plan to come into US, probably for 1 week, submit "RE-ENTRY FORM", and then leave and go back to U.K. for another 178 days! I do NOT own property. I have brother in US who is storing some of my stuff [he is citizen], but he is in another state [Ohio] to where I live [California]. I genuinely intend to live in U.S. permanently [and consider myself a US resident].

BTW, I filed my first tax form called "permission to file taxes late form:in APRIL tax day, because I was too late to calculate taxes". Since then, I have neither filed actual forms nor paid taxes [but do intend to sort it out when I return to U.S.]

Some more background information. In the past I left US for LONG time on 2 occassions [just less than 1 year both times]. Both times I was challenged but let through. However, the final time, it was scary - they "warned" me, and even wrote in my passport "ADVISED TO KEEP RESIDENCY". Since that time, I stayed in USA for 2 years, but left in JUNE 2005. So now, I will return in DECEMBER 2005 [178days, just less than 180day deadline!].

One last point: My USA-to-UK return ticket expired. So I will purchase a RETURN ticket from UK. So when I re-enter USA in 9th December, officer will notice on computer that I have UK-USA-UK return ticket, and they may get suspicious!! I intend to have the return day 10months away, even though I will change it to 2 weeks once I re-enter.

End of background information ! Time for questions my dear friends !

On me - I have a/ US bank cards; b/ California Driving Licence; c/ Social Security Card, that I will carry into US.

Question 1: Is my 'plan' a good one? I understand there is no 'fool-proof' method, but this forum is about 'increasing probability of NOT being denied entry', right? This question relates to a/re-entering in DEC.2005 and my future when I leave and return in MAY 2006.

1b: "Re-entry" permit is to demonstrate my intention to return [when I return in May 2006]. So in summary: I will now re-enter [Dec 2005] without any permit, and then leave again after applying for permit [Dec 2005~!] AND THEN try to re-enter WITH permit in May 2006! Thereore, this question relates to my FUTURE, in May 2006.

2: I understand that if a person is out of U.S for less than 6 months [e.g 178days like me] THEN the burden of proof is on immigration to show that I have lost-residency-and-intention, which is hard for them to do, hence I am "on safe ground" -right? I believe that if I always return WITHIN 6 months [and have re-entry permit on top of that] than I SHOULD hopefully be on SAFE GROUND, even though I am spending MOST of my time OUTSIDE USA. Am I stupid ? What is your advice? I MUST KEEP MY GC: I love USA! [Just find it hard to get a job really and miss my parents !]

3: My mistake in not following up with my taxes after APRIL 2005 - is that going to be a major "MINUS" point when I re-enter USA this time in DEC 2005? !!! Will they have that info. on their computer system ?!!! If so - pls advice me!

4: Although I am returning from my country, if I state that I was just "visiting" [elderly parents in UK, my country of nationality and passport] even though it was for almost 6 months, then will I be believed or not?

If I am asked "how are you supporting yourself" and I reply the truth "Parents are rich", is that proof that I am not and was not working [i.e. I have not abondoned US residency] ?

5: My original GC address was in NYC. I have never filed AR form [change of address] even though I have lived 99.999% time in California. Does that "really really" matter or is it mere formality? I mean seriously, do they "really" use that to boot people out ordinarily? [I can imagine it being used to "boot out undesirables" that "may be linked to gangs or evil people", but I do not fall into that category!]. Will it affect me, when re-entering USA ?

5b:If your answer it "YES - IT IS VERY IMPORTANT" - then should I do one now on-line ?

5c: In fact, should I put my OHIO brother's address as my address to further demonstrate that his place is not merley my storage house BUT genuine place of abode ? [Note: In reality, his place is a one-bedroom RENTED apartment. I have stayed there and slept on floor. He is US citizen].

6: HOW worried should I be? WHAT advice do you want to give me, knowing what you know about me?

6b: I think that it should be no problem to re-enter US this time. BUT I FEAR, that if I stay for 2 weeks, THEN LEAVE for another 4-6 months (but less than exactly 6months), EVEN WITH RE-ENTRY PERMIT, officers may be angry! Should I be afraid ?

Are the HORROR stories about deportation, and rescinding GCards as bad as they are made out - OR are they "rare" stories ? Do LPRs really get their GC taken from them by heavy-handed officers for being away from USA, and therefore deported, as often as people think on this website ? I love USA because it is a HAPPY AND FREE NATION and NOT a "tough" nation. BUT IMMIGRATION OFFICERS ARE VERY SEVERE AND TOUGH - and I AM AFRaid to fall foul ! Please advice and help calm my fears !

THANK "YOU", THANK YOU, THANK YOU VVVVVEEEEEERRYYYYY MUCH !!!!!!

WITH LOVE!

Brother America!
 
QUESTION 7: Sorry, one more question.

Remember I said that I intend to buy ticket in UK as a return, UK-TO-USA-TO-UK. And also have return date in ticket 10months out. Is that all right - when I return this time after 178days ?

QUESTION 8: Less than 6 months, 178days, do THEY [officers] LOOK AT ACCURACY or do they take 'rough guess' like do they think

"Oh Mr.XYZ, you've been away for 6 months?" [and immediately they categorize me as "NOW PROVE YOU ARE STILL ARE RESIDENT BUDDY"] even though in reality it is LESS than 6months - only 178days?

If your answer is - they categorize me as a 6monther - then should I say "I've been out for LESS than 6months" when asked? Should I state outright that "I've been away for 178days, just less than 6months" - OR is that going to "TURN ON THEIR BRAIN CELLS - and make them think - this guy is a SMARTY-PANTS and is upto something! Let's GRILL HIM WITH QUESTIONS ?

[Quick side note: I know that it is better to have lots of proof. But I wonder if voluntarily offering specific proofs has a NEGATIVE effect, because it makes officers think "this guy's too heavy and intense! Let's quiz him MORE!" ? I wonder whether it is best to keep QUIET in stage 1, and ONLY IF they start to grill THAN to pull out ammunition: proofs that you are still resident EVEN if they don't ask for it: like bank cards, bank statements, social security cards etc. ] Do you understand what I 'm saying? Please comment !

THANKS !
 
Some horror tales to share:

I left USA last year for 2months, then returned, and tired looking officer merely looked at computer screen, flicked my passport to random page and stamped it. Oh - he asked me if I had any I.D [stupid question as he had my passport on him! But I guess, this type of question is to "assess" me - something called "calibration" in psychology]. I replied "I have bank cards!". He said "Driving Licence?!". I said "No". I kept it short and didn't volunteer information like "I have never taken test". He muttered "Oh you left it?". I didn't respond. He stamped passport and looked away unconcerned!
-------------------------------------------------------------------
The last 2 times before that I was GRILLED. The 2nd of the 2 times were VERY DANGEROUS. I walked up all "jolly" to immigration at Detroit airport [connection airport to get to Cali]. The guy acted 'jolly' too. Then suddenly, he spotted and said "Oh you stay out of US many times for lengthy times". He asked a few questions BUT SUDDENLY he called HIS SUPERIOR !

The superior came and instantly grilled me on the spot. He asked questions like "where is your previous passport" [cause he wanted to see my history in order to determine my long term pattern. Why cause I have had green card for 8 years!]. I replied honestly "Previous passport! I don't have that on me!".

He finally cooled! He said "Well you have had GC for this long". But said with stern voice "NEXT TIME - YOU'RE UP BEFORE THE JUDGE!". This seemed very rude to me. He gave passport back to junior officer, who shouted to departing senior "What should I write?". The senior instructed "ADVISED TO KEEP RESIDENCY". So that is in there now. [It seems like he 'let me off' because I had indeed had GC for 8 years, a long time, and not a short time - hence he ass-umed, I had been in USA for most of that time, because he did not have proof handy to determine the truth which is that actually I had been away from US for most of that time! [Why? To study in UK where it is free!]

It still makes my heart beat strongly recalling that drammatic scene - with images of a future in immigration jail, judge and out of the "dream nation" forever. I don't ever want that to happen !

But, for financial reasons I can't seem to get good job in Cali, and therefore go back to UK YET I want to preserve residency in US.

Remember I have brother in Ohio who is US citizen.

What steps can I take to ensure that I keep GC ?

In fact, JOEF you last posting made me realise the DANGER of "applying for RE-ENTRY PERMIT" yet departing before it arrives IN CASE I AM DENIED or QUESTIONED FURTHER [in which case, I really would be in trouble, when I try to RE-ENTER again, withOUT permit BUT with GC] !

-----------------------------------------------

My real story:

I am trying to set up a business as a motivational speaker. I am good at what I do but have had trouble setting it up as a business ! Without money one can't stay in US dream-land for long!

So I fly back to UK, where I stay under the comfort of family home, mom's cooking etc ! Then I am trying to get together the "seed capital" that will allow me to pursue dream in USA. For example:

I need money for a car, and phone bills and roof - to sustain me for 3 months at least, so that I can make enough SALES CALLS to start filling up a seminar room.

I want to reveal that a/ I am setting up business in the US for worldwide use and travel [like big speakers]; b/that I had trouble with seed capital and am seeking it elsewhere.

C/ If asked 'do you have job?". I want to say truth= "NO !" [They tend to repetitively ask me this, I notice as THEIR PATTERN !!!!]

D/ I DON'T want them to think that my PARENTAL FAMILY HOME is "MY HOME" TOO in the U.K. [which is true and that is how I feel]. I want to emphasize "JUST VISITING - and also looking for seed capital".

I understand you say that I should NOT volunteer information unless asked. And I should never lie [which I never want to do anyway. But like a lawyer on TV, I want to answer truthfully by answering in my own way, in my own terms, fully but truthfully!]

What should I look out for - i.e. WHAT SHOULD I or anyone, NEVER TELL THEM [if I always want to keep GC ?]

If I do ever get into trouble - and am before immigration judge for deportation proceedings, does that mean that I am allowed to 'go home in USA' but must re-appear before judge at designated time and place [thereby having time to prepare my own evidence] ? Or does it mean, that it is a swift process from immigration-jail to judge in the morning to being put on a flight back to the UK the next evening ? SHOULD I WORRY - or shoudl I always think the way I do think: I love USA; it is a FREE country (not SOVIET); and things will be relaxed.

I am a friendly person, smile lots, with great English [after all I am English] - and I know this shows through - is that a BONUS or not neccessarily? I always think that people that act hostile, resistant, reluctant, or even unconfident are the ones that get the most hassle by the immigration officer - am I right?

Anyway - a set of thoughts.

Tony Wayne
 
Hi Y'ALL fellow GC holders and angels like Joe that help us!

You said that it is always better to have ticket that starts and ends in USA. But my ticket has expired and I must therefore purchase one in UK. Just to remind you - I am in UK, hold GC, want to fly back to USA [and will need to buy ticket therefore in UK itself - either a single or a return]. I also want to re-enter USA on 9th December - a 178days since I left [not 180days+] just to avoid hassles with immigration, AND after staying for 2 weeks-ish, I want to return to UK. THEN I want to return to the USA in May2006. Hence there is "big risk factors" involved, I want to severely cut down such factors! I believe that a successful RE-ENTRY PERMIT will be the "key". Do you agree ?

Next, If I buy "return" ticket from UK for 9thDec2005 - it will be MUCH cheaper than buying "single", followed by a USA-TO-UK-TO-USA ticket in the States.

BUT it MAY indeed be WISER to do above expensive way, if I am to avoid getting immigration suspicious! So WISDOM may cost more money BUT it may be cheaper. TWO important questions, followed by not-so-important questions.

QUESTION1 : Can immigration officer determine "START" AND "END" airports & dates for tickets from their computer screen ? Do they have that information? Example: If I buy a return from London-to-USA-to-London instead of a single, will officer instantly know that? [Normally they don't ask to look at physical ticket]

QUESTION2: You were sceptical that I'll get re-entry permit authorized. I am glad you told me this - because instead of 'entering then leaving within 2 weeks', I should perhaps STAY IN USA AS LONG AS IT TAKES UNTIL I GET THAT RE-ENTRY PERMIT - and only then should I 'risk' leaving again, secure in the knowledge that my chances of being "refused" re-entry is slim [correct? I understand nothing is totally fool-proof unfortunately! ]



QUESTION : What other information do they have on their screen ? Like ALL my previous travel patterns - OR the most recent patterns over 1 year ?

[Side Note 1: BY THE WAY, SURELY they do NOT know the DATES I left the USA every time, because one's GC is NOT SCANNED nor is there 'immigration' when LEAVING the USA. The ONLY 'notice' they have of 'how long' I have been away from the USA is put into my passport. BUT my passport is NOT required by UCIS/DHS in order to apply for "re-entry" permit! Therefore, I conclude, I should not be denied re-entry permit.]

[Side note 2: I ask above question because if they can INSTANTLY see ALL my travel, then they can INSTANTLY determine whether I am 'abusing GC' in their opinion !]

Question 3: They have got a LOT LOT LOT more strict since 9/11 - do you agree? However, have the 'cooled' a little or are they aggresively strict still?

QUESTION 3B: In fact, surely they should NOT be pestering people WITH GCs ! They should instead be hunting for people that are VISITORS who may be bad people OR have intent to stay for IMMIGRATION purposes etc. ?

I have a feeling - visitors and citizens are given royal treatment whereas LPRs/GC holders are 'good target to harrass' !

THANKS THANK THANKS AGAIN !!!!

Tony Wayne
 
Receipt For Re-entry Permit

Thanks JoeF. You are amazing. If I make it as a motivational speaker - I will personally pay for your law school education. You deserve to be a high flying, highly paid lawyer. You are great!

Questions or OPTIONS that come to my mind - which I would love for you to comment upon ! :

1 - IF I enter USA on 9th Dec. 2005 with intent to leave on 22nd Dec.2005, THEN this is an idea I have: I will FEDEX "RE-ENTRY" permit to the specified address. Why? Because I will then have "FED-EX RECEIPT" of doing my best to demonstrate "intent to remain LPR". This is better than nothing or merely sitting around waiting 3-whole-months for approval! Then I will leave on 22ndDec2005. UNLESS I can except an official-Government receipt within 2 weeks OR SOME OTHER TIME-FRAME.

By the way, does the Government give an official receipt? If so - how long does it take to arrive? Can I speed up this 'receipt' process by filing or getting something approved OR STAMPED in an official immigration office [formerly called INS office]? I hope you understand what I am trying to do !

I doubt I will be denied re-entry permit because it is so rare (as you think).

Also BTW, to avoid a problem that 'you' or someone previously had whereby the INS did NOT approve re-entry permit instantly until proof was sent that person was still in USA, I am planning to file BY POST, instead of filing ON-LINE !!! [Why? Because any Tom,Dick or Harry can file from any nation on-line!! But a mailed document with US postal stamp demonstrates being in USA. So I am anticipating potential problem yet eliminating situation from happening, wisely ! What do you think?].

2 - BTW WHY am "I" getting a RE-ENTRY permit [$170 ouch!] in the first when I do NOT intend to be away for more than 6months ? Answer: To demonstrate my "intent" to return and remain a LPR. I believe [speculation!] that this document is probably THE STRONGEST, WISEST AND CHEAPEST [3 things yet not a fool-proof way, 'cause none seems to exist for NON-Citizen] way to prove "intent" to return to USA and remain LPR.

Why? Because even if you have a house leased out, it doesN'T demonstrate intent to remain LPR as you do not live there.

Question: Am I correct in my assesment that these "defensive" strategies to protect my LPR status will be hopefully very beneficial to me ?

Knowing everything you know now, could you recommend any other additional OR alternative ways for me to "do my best" to protect my LPR/GC [without mandatorily staying within US] ? I know what you are thinking at this point "Green Card MEANS permananent RESIDENT". I AGREE WHOLE-HEARTEDLY! I just want to do some travelling !!!


3- A CURIOUS WORRY and a different type of question to normal: IF I have to RE-ENTER USA before re-entry permit physically granted to US Embassy in London, then I have "zero proof" of re-entry permit EXCEPT Fed-Ex receipt! I wonder if I will be on extremely 'thin ice' if I left USA but tried to return BEFORE I actually physically got the permit ? I suspect -YES I will be on THIN ICE! What do you think?
 
Tax return

I explained in my first posting that

I did indeed file a 'tax' form (my first one ever) on that tax day in April 2005 [I don't remember the precise name of the form but it was something to do with "FILING TAXES LATE" approval form - for people like me, that are about to miss the deadline, but do not want to be fined etc.]. Since then, I did not bother (yet) to follow up.

I believe I did something tantamount to filiing tax form [for the purposes of immigration service]. Am I correct?

I mean, it demonstrates my intent to be loyal to the USA, demonstrates that I filed as a person that is indeed a resident; that is indeed a person of good character.

Just a thought.
 
Have no choice BUT to buy plane ticket in UK [outside USA]

Hi!

My RETURN ticket USA-to-UK-to-USA has completely expired. I left USA in JUNE2005 with return date in AUGUST2005. But stayed on in UK. The ticket completely expired in SEP2005.

Now I will return to USA [178days exactly]. BUT, I have no chioce except to purchase ticket in UK to take me to USA.

2 thoughts that I need help with:

1 --- If I have to purchase ticket in UK anyway, then should I purchase a RETURN ticket because that is MUCH cheaper, when I return to UK [even if return date is 1 year away ON THE FACE OF THE TICKET]

2 ---- OR do you really really [2 reallys!] that I purchase A SINGLE PLANE TICKET to USA. Then when I am IN USA, that I purchase a RETURN ticket: USA-to-UK-TO-USA ? Please remember the following:

I have been away for 178days, on the date that I return to USA, on 9th Dec2005. I plan to stay in USA till 21DEC2005[!] and then leave, and come BACK to the USA in MAY2006. I will stay in USA from MAY2006. At NO TIME do I intend to relinquish LPR. I am "temporary" travelling abroad [in my mind!] AND I intend to file a "RE-ENTRY" form when I am in USA on the 9thDEC2005, just to be on the "safeR side" when I return in May2006 - and will probably be challenged by angry immigration officers [in May2006].

QUICK SIDE QUESTION: I doubt I will be challenged by immigration officers when I enter on 9thDEC2005 - WHAT DO YOU THINK? I have ONLY been away for 178days; AFTER being in AMERICA for 2 whole years [with 2months away for summer last year]. My excuse? I was VISITING FAMILY [parents] whom I miss dearly in my country of origin. BUT I ALWAYS INTENDED to live in USA.

I have no personal house. I have US bank account. I stored my belongings in 2 places: a/My brother's house in OHIO [he is citizen] even though I live in California; and b/MY "residential hotel" in California [which is MY home, even though I have to GIVE up my residential hotel room, when I am away] !!!!

THANKS Y'ALL particularly the God-of-immigration: JOE F - you are awesome!
 
Revoking The Green Card !!

I learnt in reply that if they "revoke the Green Card" they ask "you can avoid judge and avoid 'deported' IF you give up Green Card now".

Is that true? If so, then IF someone GIVES UP his Green Card - 'then what' ? What is the benefit? Why not stay and fight it in immigration court ?

Let me guess: If person gives it up and returns to home country, AND then he files a "returning resident green card procedure document", he will BE LIKELY TO GET ACCEPTED! Am I correct? Yes, there is the whole-lengthy process once again, but his chances of getting accepted are GREAT.

However, IF person is DEPORTED by immigration judge THEN if person applies to get immigration benefit - namely, to get "returning resident green card" in US EMBASSY in his home country - he will MOST PROBABLY "NOT" get it. Why not? Probably he will be looked at as a person of BAD CHARACTER !

Am I right in my assumptions or am I wrong? If I am wrong , please explain where, how and what is right?

Thanks!
 
RE-ENTRY PERMIT with proof

I understand that one needs proof when asking for re-entry permit. Is this a copy of your plane ticket ?

If so - then IF my plane ticket is UK-to-USA-backto-UK, it will look VERY BAD I think in Nebraska office ! So I just got this thought.

If I do NOT need to show additional documents like a ticket, then I am ok.

-----
BTW why do they ask for 'intending country of travel' ? If I intend to travel to UK, but end up in Canada for 2 years - is there any problem ? !!!! [Just curious - this is not a serious questions like the others are]
 
JoeF said:
That's not known. But with all the changes after 9/11, it is a possibility. And if they think anything is fishy, they may well ask to see the ticket.
In fact, lawyers state this as one of the things to avoid:
http://antaoandchuang.com/i-keeping.html
"DO NOT enter the U.S. on a round-trip ticket which terminates outside the U.S."
Well, I have no knowledge of what criteria they use to deny a reentry permit. A denial is very rare, though.
The $64K question... If I knew that, I could sell that information...
Always assume that they have all information about all your travel.
Before 9/11, they got the passenger manifests from the airlines as well, but it was in paperform. Nowadays, it is electronic, and that of course makes it easier to show everything on the screen. For incoming flights, they actually get the information even before the plane takes off, and they run FBI checks etc. even before the plane has landed. That's how they can divert planes if there is somebody on board who is on the no-fly-list.
Actually, that is just not true. The airlines scan the GC, or enter the data, and they have to transmit the data to DHS. INA 231.
No cooling off. They may have gotten more effective so that it is not as visible as before...
Why do you think people with GCs can't be bad? The US held US citizens in solitary confinement for 3 years (look up Jose Padilla...)
They have a duty to check everybody for admissibility.
I'm sorry, but that's BS. Visitors get fingerprinted, and questioned about immigration intent, LPRs get questioned if there is a suspicion that they may not be admissibile, e.g., due to abandonment, and US citizens can get arrested when they enter (like Jose Padilla...). I just read a story in the LA Times about the owner of one of the most successful online poker sites: http://www.latimes.com/news/printed...oll=la-headlines-frontpage&ctrack=1&cset=true
Her legal advisor as quoted in the article: Given what he called the risky legality of PartyPoker, Rose said, "I don't know if she can ever come back to the U.S."
The first time I entered with my GC, the officer said "welcome back." That's something I never heard while on H1...
But then, I live in the US, and don't stay abroad most of the time. As a Permanent Resident, a person simply has to reside in the US...
Click to expand...

I agree with JoeF. Recently, when I was entering U.S, they called me off to the court looking room in the NY airport. They had me sit there till the guy looked over my GC and then said, thank you. What I saw, there was atleast three more guys, this time " WHITE and U.S CItizens" were being questioned as to why they left the country and for how long. So, since this was my second travel outside after 9/11, it showed me that there was equality and justice and simple truth to the process the folks at immigration follow. DID NOT SEE ANYTHING TARGETING...
 
You must log in or register to reply here.
Top