LPR grilled at POE due to long absences

fish4all

Registered Users (C)
#1
Hello Gurus,
I appreciate any suggestions/experiences on this matter.

Background:
My sister in law (unmarried) is LPR, holding a Green card (family based through father) since April 2009. She has already used (I-131) Re-Entry permits 2 times starting 2013-2017. They were approved with no problems, reason being mother’s illnes and her being needed in home country. She files taxes regularly and her name is on the residence lease.
In the last 2 years, she has been travelling to US and stays for approx.10-14 days. Her stay is more in country of citizenship due to mother’s illness. She got warned few times by Immigration for her short stays in US. Overall, she has been outside US continuously for many months in last years. She had applied for GC renewal in Oct 2018 which is still under process, although she received a temporary extension sticker until Oct 2019.

However, recently in Apr 2019 during her entry in US, she was told by Immigration officer that if her stay in US is less than 2-3 months then next time upon entry her GC can be revoked or put in a removal proceeding. They said she needs to decide between taking care of her ailing mother or living in US. At the moment, she is holding 1 year air ticket but plans to stay here for 2 weeks.

Questions:
1. She has to return to country of citizenship to take care of her mother. Can she simply go back and return before Oct 2019 (ie the temporary GC extension). Will this risk GC, given warning at the port of entry now?

2. How long is it advisable to stay in US in this trip, keeping in mind to avoid GC revocation when she enters US next time.

3. What are the chances they confiscate the GC at next arrival in US? Do the warnings/comments get noted in the system.

4. What is the GC renewal timeframe in normal course.

5. Any other solution to avoid revocation.

6. Incase it is revoked and cancelled next time then when can her father (citizen) apply for another?

Thank you for your time and feedback :)
 

Jbuff

Active Member
#2
Hello Gurus,
I appreciate any suggestions/experiences on this matter.

Background:
My sister in law (unmarried) is LPR, holding a Green card (family based through father) since April 2009. She has already used (I-131) Re-Entry permits 2 times starting 2013-2017. They were approved with no problems, reason being mother’s illnes and her being needed in home country. She files taxes regularly and her name is on the residence lease.
In the last 2 years, she has been travelling to US and stays for approx.10-14 days. Her stay is more in country of citizenship due to mother’s illness. She got warned few times by Immigration for her short stays in US. Overall, she has been outside US continuously for many months in last years. She had applied for GC renewal in Oct 2018 which is still under process, although she received a temporary extension sticker until Oct 2019.

However, recently in Apr 2019 during her entry in US, she was told by Immigration officer that if her stay in US is less than 2-3 months then next time upon entry her GC can be revoked or put in a removal proceeding. They said she needs to decide between taking care of her ailing mother or living in US. At the moment, she is holding 1 year air ticket but plans to stay here for 2 weeks.

Questions:
1. She has to return to country of citizenship to take care of her mother. Can she simply go back and return before Oct 2019 (ie the temporary GC extension). Will this risk GC, given warning at the port of entry now?

2. How long is it advisable to stay in US in this trip, keeping in mind to avoid GC revocation when she enters US next time.

3. What are the chances they confiscate the GC at next arrival in US? Do the warnings/comments get noted in the system.

4. What is the GC renewal timeframe in normal course.

5. Any other solution to avoid revocation.

6. Incase it is revoked and cancelled next time then when can her father (citizen) apply for another?

Thank you for your time and feedback :)
The US isn't her home. That's my assessment from your post. Sorry about her sick mother that can be a stressful situation I've experienced this before myself.

If she was warned multiple times before and the last time seems like a final warning.

Only a Judge can revoke her GC. However the customs Officer can direct her to a judge "removal proceedings" and sounds like if she's doesn't heed the last warning. She will be put in removal proceedings. Based on what youve said. The judge might take away the GC and tell her just to apply for a visa. Or simply give her the same final warning as the Officer. Based on what you've said she wouldn't be able to confirm to the Judge's warning either. Seeing that she has to leave the country.
Not trying to be negative but just trying to give you realistic advice.

Her citizen father can re file for her but that takes a while

GC renewal time frames are weird lately. Others get in as fast as 3 months while some closer to a year.

The Re entry permit wasn't meant to be used over and over and over to one's liking. It's meant to display that you don't mean to abandon you green card. I've known people who used it twice but never back to back. Maybe others with more knowledge of this can chime in.

GL
 
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SusieQQQ

Well-Known Member
#3
She has her warning. It may seem unfair given her mother's very long illness but the officer's comments were correct. She has maxed out her re-entry permits and needs to choose where to live. Your focus on the GC renewal date etc is misplaced, that's not the problem. The problem is the amount of time she is (not) spending in the US. Given that from what you said she already had a number of warnings in the past, this officer was actually quite accommodating. I suspect that is in the system as her last warning, though.
 

SusieQQQ

Well-Known Member
#4
5. Any other solution to avoid revocation.

6. Incase it is revoked and cancelled next time then when can her father (citizen) apply for another?
5. spend more than 6 months a year in the US

6. He can apply immediately. Assuming she stays unmarried (I am obviously assuming she's over 21) it will take approx 7.5 years. If she gets married in the interim, that lengthens to about 12-13 years.
 

fish4all

Registered Users (C)
#5
Thank you so much for all your inputs.

Yes she is in mid 30s and a dentist. Her mother is bedridden since many years due to stroke/paralysis. It is unfortunate that she is not able to go live in US due to mom’s illness.

Earlier 2 Re-entry permits were used with few months gap in between. Can she still get 1 last Re-entry permit for 1 year?
 

Jbuff

Active Member
#7
Life is filled with choices.

She's going to have to decide between keeping her,GC or going to her home country to care for her mother. At this point she can't have both.

She has to physically be there to care for her mother?

I'm assuming you guys went over other options: like paying a caregiver.. Even another family member per say.

Applying for a third Re Entry permit in the time frame you Outlined for all we know could trigger a court hearing to see an immigration judge. Do keep us updated.
GL
 

SusieQQQ

Well-Known Member
#8
If I’m understanding you correctly, she has spent the vast majority of the past 6 years outside the US and plans to do this indefinitely. A green card is not an insurance for “one day”. Quite honestly I feel the best path forward is probably for her to surrender her green card (form i407) and thenhave her father immediately file for another one. Perhaps by the time the priority date for that one is current the circumstances will allow her to move properly to the US.
 

fish4all

Registered Users (C)
#9
Life is filled with choices.

She's going to have to decide between keeping her,GC or going to her home country to care for her mother. At this point she can't have both.

She has to physically be there to care for her mother?

I'm assuming you guys went over other options: like paying a caregiver.. Even another family member per say.

Applying for a third Re Entry permit in the time frame you Outlined for all we know could trigger a court hearing to see an immigration judge. Do keep us updated.
GL
Yes she does not want to leave her mom in this condition.
 

fish4all

Registered Users (C)
#10
In that case is it better to surrender the GC voluntarily or wait IF/till it gets revoked.

In case one surrenders the card, do they give the option to get a visit visa in its place while you are in US? Or you go back to home country and apply.
 

SusieQQQ

Well-Known Member
#11
In that case is it better to surrender the GC voluntarily or wait IF/till it gets revoked.

In case one surrenders the card, do they give the option to get a visit visa in its place while you are in US? Or you go back to home country and apply.
If you surrender the card voluntarily, chances should be good you will get a visitor visa (nothing is certain of course)
If it’s revoked, chances are very low because assumption of immigrant intent will remain very strong
 

Sm1smom

Super Moderator
#12
In addition to what Susie said above, she cannot obtain a visitor’s visa from within the US, she’ll need to apply for it and attend the interview at the US embassy with jurisdiction over where she lives.
 

1AurCitizen

Registered Users (C)
#13
A visitor visa would be a challenge, but the odds increase once the green card is voluntarily surrendered using form i407. On the surface, she is not a US permanent resident.. and therefore not eligible to hold the green card. Assuming she either lives in India/UAE, she's better off surrendering the green card, rather than risk a long flight to the US next time and be denied entry being sent straight to an IJ for GC revocation.
 
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