Re-enter the US

J

jnwong

Registered Users (C)
I want to share with you all my experience at the port of entry. I went overseas three times after getting my green card, with the following period of absence:

1st: 5 months
2nd: 3 months
3rd: 2 months

There was not any problem for me to re-enter the country during my 2nd and 3rd trips, except my 1st trip when I was gone for 5 months. The immigration officer asked lots of questions and I was sent to "second inspection". Then, another officer asked some other questions again and put a stamp on my passport noting"Out 5 months, advised residence requirement". Actually, they just warned me that I may not be out for 5 months, which is considered long, and that I need to take up my residence in this country as much as possible. But luckily enough, they didn't confistigate the green card.


One of the things I learned is: although the law says it's OK generally OK to stay overseas up to six months, some INS officiers has adopted an internal rule that if the departure is over three months, the green card holders can be seriously questioned given the tighter immigration control.

Another friend of mine also experienced the same situation for trip of just 4.5 months, but didn't have problem re-entering for trips less than 3 months.

Does anybody have any experience to share with us? Please let us know your length of absence from this country. Thanks.
 
One more thing--aiport has already begun the request permanent resident to show them the green card at the time of US departure check-in.

They put in the green card information to their system which will then be transmitted to INS later.

That way, INS can know how long one was gone.
 
I think in the case of absence between 3-6 months. It is the luck that counts as well, depending on the status of mind of each individual officer.

While the law gives the 6-month timeframe, it is the human being (INS officers) who interprete the law. They sometimes can abuse the law and be more picky in interpreting it (especially after 9-11).

Anyway, how come they can suspect one has abandoned US residence simply by knowing one has been gone for 5 months, without examing other relevant factors?

Does anybody having absenses between 3-6 months who want to share their experience at the port of entry?
 
Yes, the immigration officers exercise more authority than they should have sometimes. They even forced people to sign a form to delcare the abandonment of permanent residence, according to some news. This is not right.

Whether one has hassel with the 3-6 month absence also depends on one's luck at that point and the mood of the officer at that moment.

Can anyone share their experience with 3-6 month absences?
 
thanks JoeF

Its been a very good information for me regarding 'Being Polite but firm and not to sign any paper'.

Also what is the term 'Abandoning the residence in USA'?? do you need to carry somekind of document suggesting that you've residence in USA during your stay outside of USA?

Thanks.
 
It is still advisable to carry some current supporting evidence (e.g. phone bill, bank/credit card statements etc.) on your way back to back yourself up in case of emergency.

This is because, while INS allows clarification within the US (as indicated by JoeF), they can also put the green card holders under immediate removal proceedings (in the worse case), which means the green card holders are deported on the next avilable flight back to where they originally come from at the POE.
 
INS never deports anyone. In most cases people are put under detention pending deportation proceedings. In all cases such people are given a choice to "volutarily" leave. IN the worst case scenario, the PR suspected of abandoning residence may be given admission as an NIV and thus there is scope for appeals.
 
You must log in or register to reply here.
Top