Re-entering US on GC?

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bjorn

Registered Users (C)
I just read this below, from an immigration website. My question is, when re-entering the US from overseas travel (not Mexico and Canada), do I just have to show my green card and then is let in, or do I have to, as stated in below quote "apply for readmission." What does "apply for readmission" mean? Do I have to fill out some sort of paperwork or form, or is it merely the act of presenting my green card with my foreign passport I have "applied for readmission" into the US?

"If you are a lawful permanent resident (immigrant) returning to the United States from a visit abroad of less than a year, you may apply for readmission by presenting your Permanent Resident Card ("Green Card") to the immigration authorities at a port of entry."
 
bjorn said:
My question is, when re-entering the US from overseas travel (not Mexico and Canada), do I just have to show my green card and then is let in, or do I have to, as stated in below quote "apply for readmission." What does "apply for readmission" mean?
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The INA defines certain grounds for "inadmissibility" into the US. The main ones which could apply after you become a permanent resident are disease and being a public charge. If you are "seeking admission", then you can be denied entry if you fall under these grounds.

If you are a permanent resident and have been outside the US for 180 days or less, when you return back at the POE you are not seeking admission, and therefore the fact that you may be inadmissible due to (say) the public charge criteria wouldn't apply. Once you are gone for more than 180 days, you are seeking admission and these grounds could be used to deny you re-entry.

It's a small legal difference, and generally won't apply to most people. However, if you do get a nasty disease after becoming a permanent resident or have no means or support, I wouldn't suggest long trips outside. :)

BTW, there is no difference in the procedure based on which POE you are at. It applies equally at JFK international as it does at a sleepy border crossing between Manitoba and North Dakota.
 
So, reentering the US from a 2 week trip to Europe, I only have to show my EU passport and my green card. That's it? No paperwork such as I-94 or other form or paperwork to be filled out on the plane or at JFK prior to being admitted, assuming no public charge etc. is involved?
 
bjorn said:
So, reentering the US from a 2 week trip to Europe, I only have to show my EU passport and my green card. That's it? No paperwork such as I-94 or other form or paperwork to be filled out on the plane or at JFK prior to being admitted, assuming no public charge etc. is involved?
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That's correct. Most likely they won't even be interested in your passport, just the GC.
 
bjorn said:
So, reentering the US from a 2 week trip to Europe, I only have to show my EU passport and my green card. That's it? No paperwork such as I-94 or other form or paperwork to be filled out on the plane or at JFK prior to being admitted, assuming no public charge etc. is involved?
Click to expand...
I-94 is needed.
 
I also read that you have to present the I-551 form. I just realized that the breen card itself is ther I-551 form. Also, which line do you go through customs as a green card holder? The visitor's line (long and slow) or the US citizens line (often shorter and faster)?
 
bjorn said:
I also read that you have to present the I-551 form. I just realized that the breen card itself is ther I-551 form. Also, which line do you go through customs as a green card holder? The visitor's line (long and slow) or the US citizens line (often shorter and faster)?
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isen't is amazing that more visitors visit this country and thats why there line is long?:)
in my home country the visitors line is always short and even though line for citizens citizens like me is long but is well oranized unlike here.
 
Lawful Permanent Residents can, in many cases, be considered "Arriving Aliens".

I.N.A. Section 101(a)(13)(C) provides"

An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien-

(i) has abandoned or relinquished that status,

(ii) has been absent from the United States for a continuous period in excess of 180 days,

(iii) has engaged in illegal activity after having departed the United States,

(iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this Act and extradition proceedings,

(v) has committed an offense identified in section 212(a)(2), unless since such offense the alien has been granted relief under section 212(h) or 240A(a), or

(vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.

Sect (v) is the most common. Any alien who has committed a crime will at least be analyzed as to whether the alien is "seeking admission" and whether the crime is waived bythe petty offense exception or cancellation of removal. Arriving aliens (including green card holders) who have committed a single CIMT that is not waived by the petty offense exception, or who have committed more than one CIMT, are frequently considered to be "Mandatory Detention" and therefore are not released from custody until the matter is resolved.

In the past 2 years I have personally seen 2 clients who were lawful permanent residents taken into custody at defferred inspection.
 
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