Port of entry mistake on entry stamp - HELP!

R

rami14

New Member
I really need help with this issue.

My mother in law is a legal permanent resident and has been living with us for the past 3 years (in the US). She was close to her 5 year residency requirement until the following happened:

She went to visit her daugter overseas, and spent 5 months there.

On the way back, at the port of entry at JFK, the officer must have asked her if she was out of the country for more than 6 months. Her English is limited, and she is 72 years old and must have answered yes (I found up by looking at the stamp on her passport that states "out for 6 months"). She thought the officer was asking if she was planning to STAY for 6 months or more.

I would like to avoid her losing her continous residency, since she really has NOT been out for 6 months... (I have proof through the stamps on her passport - that it was actually 5 months and a few days).

How can I get this rectified? Any help would be appreciated!
 
and I think you should gather some evidence, entry/exit stamps, airline boarding passes, things like that. They might be useful.
 
Huracan said:
and I think you should gather some evidence, entry/exit stamps, airline boarding passes, things like that. They might be useful.
Click to expand...
that is correct she should gather some evidence, entry/exit stamps, airline boarding passes, If she has her latest boarding passes and entry stamp from India in her passport then you go with her to JFK airport and ask the immigration officer mistake to be corrected and if problem ask for the Supervisor in immigration area and explain the situation . USCIS local office will be of no help for correcting thae stamp in her passport.

Find the JFK airport info
http://www.cbp.gov/linkhandler/cgov...ction_sites.ctt/deferred_inspection_sites.pdf
 
Last edited by a moderator:
Rami14,
Another approach would be to take no action now and file N-400 when the time comes. Fill the N-400 with the correct departure and arrival dates and arm your mother-in-law with boarding passes/passport stamps as proof for the interview.
 
Triple Citizen said:
Rami14,
Another approach would be to take no action now and file N-400 when the time comes. Fill the N-400 with the correct departure and arrival dates and arm your mother-in-law with boarding passes/passport stamps as proof for the interview.
Click to expand...

Sounds like sensible advice to me. Many IO's don't even thoroughly read through the applicant's passport, so the problem may never come up. If it does, you can tackle it with proof of travel dates etc.
 
Thank you! Thank you for all the advice.

I think I will follow all advice:
1. I will write a letter to CBP (to have as proof that my mother in law took action to correct). and see if it can be corrected now, instead of risking having to prove it in a couple of years. Reardless of whether I get a response from CBP, I will at least have the letter I sent...
2. I will wait until we submit N400. If the issue comes up, I will provide my mother in law with the entry / exit stamps, boarding passes / tickets and the letter to CBP.

Thanks again for all the help. I will come back and post if I get a response from CBP.
 
rami14 said:
Thank you! Thank you for all the advice.

I think I will follow all advice:
1. I will write a letter to CBP (to have as proof that my mother in law took action to correct). and see if it can be corrected now, instead of risking having to prove it in a couple of years. Reardless of whether I get a response from CBP, I will at least have the letter I sent...
2. I will wait until we submit N400. If the issue comes up, I will provide my mother in law with the entry / exit stamps, boarding passes / tickets and the letter to CBP.

Thanks again for all the help. I will come back and post if I get a response from CBP.
Click to expand...

For your letter to CBP you will not get any reply.
issue will come up during the time of Interview when dates written on N400 and the stamp on passport dont match. and at that time if you go to JFK they are not going to correct the stamp. best option get the stamp in passport corrected at JFK NOW
 
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