Long time absence - what will happen at the airport?

[Kart2004]

My opinion is that she should speak the truth and the officers WILL understand her situation if everything is genuine.

Would you believe that I entered US without a VISA stamp, by explaining the the immigration officer my situation? He gave me a I-94 till my I-797 (H1) expiry. These guys are there to help you provided you're honest.

For sanity purposes please do not ask what situation I was in or what I told them.

 

[Jackolantern]

Other people aren't so lucky.

Having entered the US without lying at the POE, maybe she isn't in danger of losing the GC at this point, but she clearly hasn't met the physical presence or continuous residence requirements so it wouldn't make sense to flirt with trouble now by applying for citizenship until those requirements have been met.

 

[compiler]

It is a violation of the terms for maintaining the green card, which include the requirement to maintain ties of residence to the US. Being outside the US for over one year without an I-131 creates a very strong presumption of abandoning that residence, and it is very difficult to overcome that presumption unless one can show that there were circumstances beyond one's control that extended the trip beyond a year.

See http://www.americanlaw.com/maintlpr.html, which actually cites sections of the law and court cases.

What terms are violated? You have been asked several times to show the law and regulations that without filing I-131 is a violation of the immigration law. Why can’t you specify it? What presumption can be dug up if one has already been allowed reentry and lived in USA, no I-131 ever filed or what else? Except for transferring something here from you reading somewhere, how much do you understand the law?

 

[toughcase]

Just wondering ~ So, does this mean cutipie721 mom's absence was forgiven and she is resuming her green card status with a record showing she has been absence for more than two year without I-131? Or, she just be considered as re-admitted without any record of her absence?

 

[Jackolantern]

What terms are violated? You have been asked several times to show the law and regulations that without filing I-131 is a violation of the immigration law. Why can’t you specify it?

I don't know where to find the specific law. Do you know exactly where to find every law that you follow? Like the laws about speed limits or red lights? Or laws against stealing? No, but you know and follow them anyway.

I have read court cases related to it, the I-131 instructions warn about it, and the one year and I-131 rule is written all over the place on various lawyer's web sites. It's your choice if you think they are all lying. You can go and travel overseas for over a year without an I-131 if you want; you are the one who will bear the consequences, not me.

As I said before, I am a layman, not a lawyer. If you need that specific level of information, find a lawyer.

 

[C R S]

8 CFR... Section 211.3...

Sec. 211.3 Expiration of immigrant visas, reentry permits, refugee travel document, and Form I - 551.


An immigrant visa, reentry permit, refugee travel document, or Form I - 551 shall be regarded as unexpired if the rightful holder embarked or enplaned before the expiration of his or her immigrant visa, reentry permit, or refugee travel document, or with respect to Form I - 551, before the first anniversary of the date on which he or she departed from the United States, provided that the vessel or aircraft on which he or she so embarked or enplaned arrives in the United States or foreign contiguous territor y on a continuous voyage. The continuity of the voyage shall not be deemed to have been interrupted by scheduled or emergency stops of the vessel or aircraft en route to the United States or foreign contiguous territory, or by a layover in foreign contiguous territory necessitated solely for the purpose of effecting a transportation connection to the United States.

 

[compiler]

I don't know where to find the specific law. Do you know exactly where to find every law that you follow? Like the laws about speed limits or red lights? Or laws against stealing? No, but you know and follow them anyway.

I have read court cases related to it, the I-131 instructions warn about it, and the one year and I-131 rule is written all over the place on various lawyer's web sites. It's your choice if you think they are all lying. You can go and travel overseas for over a year without an I-131 if you want; you are the one who will bear the consequences, not me.

As I said before, I am a layman, not a lawyer. If you need that specific level of information, find a lawyer.

Do not try to find it. Actually, you can't. The 8 CFR... Section 211.3 tells you the reentry permit is a valid travel document. It has nothing to do with the subject. There is no such law that one must file I-131. It is just your invention if you think so. Filing I-131 is just to show one’s intent. However, it is not exclusive to show such intent. One has already told you a woman has reentered without I-131. But, you spread your imagination that her GC will be revoked after she has already been allowed reentry. Why did you not dig up the law but did your unique invention? You really have good imagination, don't you?

 

[TheRealCanadian]

But, you spread your imagination that her GC will be revoked after she has already been allowed reentry. Why did you not dig up the law but did your unique invention? You really have good imagination, don't you?

If USCIS determines at a later date that the woman met the test for abandonment of permanent residency as mentioned in the INA, then the fact that she was later admitted in error doesn't retroactively eliminate abandonment.

 

[compiler]

What do you mean by “If USCIS determines at a later date that the woman met the test for abandonment of permanent residency as mentioned in the INA?”

Only no I-131 filed does not violate the immigration law. If you are talking about the other facts, that will be the different thing. Filing I-131 is just one of methods to prove your intent and because it just costs you hundred dollars and more proofs, the better, you are encouraged to file it. It is very easy to understand it. But, some young chickens including you thought without I-131 has violated immigration law. On the other hand, you are unable to find the law. You have lots of imagination and invention. Why do you not dig up the law, however?

 

[Jackolantern]

Only no I-131 filed does not violate the immigration law. If you are talking about the other facts, that will be the different thing. Filing I-131 is just one of methods to prove your intent and because it just costs you hundred dollars and more proofs, the better, you are encouraged to file it. It is very easy to understand it. But, some young chickens including you thought without I-131 has violated immigration law. On the other hand, you are unable to find the law. You have lots of imagination and invention. Why do you not dig up the law, however?

I-131 is more than just intent. After one year outside the US (assuming the immigration officer knows you were outside the US for over a year), the green card is no longer sufficient as an entry document. To re-enter legitimately, one would then need an I-131 or returning resident visa or some other waiver.

Abandoning permanent residence is not a violation of the law per se; it is just a violation of the terms for maintain a green card. USCIS isn't forcing you to remain in the US. You are free to leave when you want, but the penalty for abandonment of residence is revocation of the green card. And leaving the US for over 1 year without an I-131 is near-conclusive evidence of abandonment of residence, unless overcome with evidence of unforseen circumstances that stretched the trip beyond one year, or the trip was for one or more of the allowable exceptions (like working overseas for the US government or military).

 

[TheRealCanadian]

But, some young chickens including you thought without I-131 has violated immigration law. On the other hand, you are unable to find the law. You have lots of imagination and invention. Why do you not dig up the law, however?

I've never suggested that abandonment of permanent residence is a violation of immigration law. It's not. If you believe I have said so, I'd be interested in having you dig that up for me.

However, just because it's not a violation of immigration law doesn't mean that abandonment of permanent residence isn't a legal construct; it is and is mentioned within the INA and there's a fair bit of case law on the subject.

It's quite possible to abandon permanent residence without violating immigration law. You should stop erroneously linking the two.

 

[compiler]

I-131 is more than just intent. After one year outside the US (assuming the immigration officer knows you were outside the US for over a year), the green card is no longer sufficient as an entry document. To re-enter legitimately, one would then need an I-131 or returning resident visa or some other waiver.

Abandoning permanent residence is not a violation of the law per se; it is just a violation of the terms for maintain a green card. USCIS isn't forcing you to remain in the US. You are free to leave when you want, but the penalty for abandonment of residence is revocation of the green card. And leaving the US for over 1 year without an I-131 is near-conclusive evidence of abandonment of residence, unless overcome with evidence of unforseen circumstances that stretched the trip beyond one year, or the trip was for one or more of the allowable exceptions (like working overseas for the US government or military).

A woman without I-131 has been admitted for reentry by the CBP. Her GC will be revoked when she applies for her citizenship just because of no I-131 filed before. Is that what you try to say? Why can’t you post it again so people can know you very well?

 

[Jackolantern]

A woman without I-131 has been admitted for reentry by the CBP. Her GC will be revoked when she applies for her citizenship just because of no I-131 filed before. Is that what you try to say?

Her GC may (not will) be revoked because of abandonment of residence. I-131 is one important piece of evidence to show that you did not abandon residence, but it wouldn't have helped her because her stay overseas was significantly more than the two-year maximum validity of the I-131.