Parents on GC were asked a bit more than normal.. during their re-entry after first visit

[Aakash28]

One of my close friend parents just came from their home country after a 4 and half month stay. They got their GCs sometime in February 2012. After they landed in US at JFK airport they were asked the following:

1) IO: Why did you stayed for over 4 months?
parents reply: for health reasons

2) IO: What do you mean?
parents reply: could not get insurance in US so have to go back get treated

3) IO: Why did you then got GC? Should have thought about it before applying for GC.
parents: no reply

IO then starts typing/checking something on his computer and then let them go.

Guys is this normal? Sounded very strange to me.

These old folks have been visiting US for many years on tourist visa but have never been harrassed like this before. They applied for GC thinking it would makes travelling to US, for visting their kids simpler for them. They have been visiting them every year for almost 6 months.

Is this incidence going to pose any problem when they do the same next year?? Can the IO cancel their GC next time? Can they be deported back next time? Also, can this complicate things when they apply for citizenship later on?

Expert please suggest

 

[Triple Citizen]

I honestly do not see any harrasment in these questions. The POE officer was just trying to establish if this couple resides or just visits the US.

1) IO: Why did you stayed for over 4 months?
parents reply: for health reasons

2) IO: What do you mean?
parents reply: could not get insurance in US so have to go back get treated

3) IO: Why did you then got GC? Should have thought about it before applying for GC.
parents: no reply

This statement just proves that the POE officer was on the right track. Just playing devil's advocate here.

They applied for GC thinking it would makes travelling to US, for visting their kids simpler for them. They have been visiting them every year for almost 6 months.

 

[Aakash28]

Thanks Triple Citizen. But still would like to know the following:

Is this incidence going to pose any problem when they do the same next year?? Can the IO cancel their GC next time? Can they be deported back next time? Also, can this complicate things when they apply for citizenship later on?

Also, just learnt that their fingerprints and photo were also taken. Is this normal too? So if a GC holders go outside US and come back for the first time after getting GC are they supposed to get fingerprinted and photo taken?

Please suggest. Thanks.

 

[Jackolantern]

Is this incidence going to pose any problem when they do the same next year??

Yes, if they take another long trip and the IO is aware of their long trip this year, that could result in more hassling.

Can the IO cancel their GC next time? Can they be deported back next time?

The IO can't directly cancel their GC or deport them. However they can refuse entry if they stay outside for over 180 days. But it's more likely that if the IO has a serious issue with their length of stay abroad, they'll tell them to see an immigration judge to plead their case to keep their green card. It's very unusual to be refused entry for a stay abroad of less than a year.

Also, can this complicate things when they apply for citizenship later on?

If they don't take another long trip in the next few months, this 4.5 month trip should not cause a problem for citizenship.

Also, just learnt that their fingerprints and photo were also taken. Is this normal too? So if a GC holders go outside US and come back for the first time after getting GC are they supposed to get fingerprinted and photo taken?

These days they always take fingerprints of noncitizens including GC holders. Sometimes they also take a photo; I was photographed the last time, after a trip of less than a week.

 

[mogambo1]

I don't mind questioned [usual 3: 1. How long you had been out? 2. What was the purpose of your visit? and 3. How long are you going stay?] and being photographed every time, it has become a routine every time I enter USA, as long as it does serves "only the purpose of national security", I would be willing to get it done.

I was once questioned while boarding a connecting flight in London and that surprised me that Border Security Agents were even present there in about 1 dozen numbers. They were questioning everyone boarding that AA flight from LHR to USA. They even pulled everyone's record of flights, return tickets etc since they were behind DIAS like movable trollies with PCs on them, so they could scan the PP and swipe the boarding passes and pulled out records and told me that I have return ticket on such an such date.

And once again recently "again in London", where after asking usual questions about my profession the lady was more into talking to me about her friend who had cancer and wished we could have found cure for it till now with our research etc.

The questioning never happened to me ever on foreign soil except usual careful look at PP and GC even in other countries and connecting airports.

Yes, if they take another long trip and the IO is aware of their long trip this year, that could result in more hassling.


The IO can't directly cancel their GC or deport them. However they can refuse entry if they stay outside for over 180 days. But it's more likely that if the IO has a serious issue with their length of stay abroad, they'll tell them to see an immigration judge to plead their case to keep their green card. It's very unusual to be refused entry for a stay abroad of less than a year.


If they don't take another long trip in the next few months, this 4.5 month trip should not cause a problem for citizenship.


These days they always take fingerprints of noncitizens including GC holders. Sometimes they also take a photo; I was photographed the last time, after a trip of less than a week.

 

[Aakash28]

Thanks Jackolantern.