So, how do you rate my chances at re-entry?

[cutyl]

I am the author of "will my rank stupidity cost me my green card" - If you want my full details, give it a read, but just wanted to know how the veterans of the board think i'll go with this. Background:

*PR since 2000... living in US the whole time... left the US in Dec 05 for the strict purpose of pursuing my masters degree, always intending to return.
*Did not know about re-entry permits, do not have one, and have been out of the US for 14 months now. Usually, I know this presents a huge problem.

I intend to re-enter the US in the next week or so. Here's what I have done to try to convince BCIS to allow me entry:
*I have a lease, signed by my landlord and myself, for the upcoming 6 months, as proof of a residence.
*I have copies of all my account information showing United States credit cards, lines of credit, my FAFSA student loans still owing, and bank accounts.
*I have been re-hired by my old company that I worked for for 6 years, and I have my signed offer letter, proving a good income with benefits starting immediately after arrival, and proving an ongoing relationship dating back years with my employer.
*I have bought a one-way ticket to prove I do not intend to return. (If I am turned away, I will buy another one way ticket back I suppose)
*I have re-activated my American cell phone, have valid Drivers License, and all prior documents submitted to the INS since I first immigrated.
*I have a letter showing I was studying for the first 12 months I was outside the US.
*I have a doctor's note stating i have been unable to work or travel due to an ongoing bout with an illness since December, which is now completely healed (nasty viral thing).

What do you guys think my chances are of being allowed back in? Be honest. I'm thinking positively that because I have a job lined up, a place to live, and essentially a "life" to return to, including my girlfriend, that I will be ok. What do you guys think - and what would happen at point of entry if I were denied??

thanks,
Mike

 

[equate]

TBH, I am not sure if the entry officer will read all that stuff or even care about it. You are only 2 months past the limit, which is perhaps short enough to get away with just a stern warning at the POE. You just have to be lucky enough to run into a nice officer who is sympathetic to let you in. What is your chance? I can't even guess.

Here's my advice. Under all circumstances, do not get argumentative or aggressive with officers. You are clearly on the wrong side, thus cannot hope to win the argument. Pleading politely while looking sad might help......or not. I heard of a story in which a pretty woman sobbed so much they let her in (not advised for guys obviously).

And try to avoid flying into NY airport. Supposedly they are not very forgiving and even mean. I'd imagine you'll have better chance at a smaller less hectic airport where officers are less stressed.

And finally, post also in "US Citizenship" forum (continuous residence is a citizenship issue after all). There seems to be more traffic there and you might get more advices.

 

[Superstring]

 

[wik]

Nothing is certain, but you seem to have excellent documentation to support your assertion that your trip abroad was temporary in nature and that you have maintained significant ties to your life in the USA.

Assuming that you are not denied entry outright, you will either get off with a stern warning from the POE officer, as was already suggested in this thread. It is possible, maybe even likely, that you will be referred to secondary inspection which is where your significant documentation will come in very handy.

Virtually the only question that POE officers seems to ask these days (at least in my experience) is "how long have you been away". This, in your case, will obviously trigger some discussion. Stay cool, explain everything simply, and as previously posted do not argue or get defensive with the officers. If you respect them, the chances are good that they will respect you back. I also agree that NY would be a poor choice of entry.

I have found that officers at SFO to be more or less courteous. Others can probably post their experiences about different POEs.

Good luck to you... even though you are on the wrong side of the regulations, your intentions seem honest and I hope they respect that at the POE.

 

[robocop104]

I wouldnt even give all that you have as supporting evidence. especially the viral fever seems like too much proof. I would use the arguement that you intended to come back in 12 months and so didnt get a re-entry permit in the first place and there was just a few months delay in getting everything wrapped up. the fever might beg the question of proof that you had purchased a ticket for an earlier date.

Just be polite and be nice and accept their warnings with puppy dog eyes and apologize for your lapse if needed and i think you will definitely get in without much problems. 2 months is a very small lapse. Also stress that you were a student and had no intent to give up your residency in the US since you hadnt really left for a job. have you fixed your taxes during this time to the US? that might help if thats the case. but if you were a student I dont really expect you to have done so.

yes, I would keep away from new york. any other place really is not so bad. Ive had very nice experiences in detroit and LA but i guess you shd change lines if you find the person in your line yelling at someone.

Best of luck. I hope everything goes as planned for you.

 

[cutyl]

Ahh yes...

Thank you all for your thoughts.. I think I will fly into SFO, as there are direct flights from my home city... I also wanted to add I HAVE filed my US income taxes, including 2006 which I have just done via turbotax online (use it, it is brilliant)... and have copies of all the returns. I even had to pay this year, just 70 bucks or so, a pittance, but having copies of my last few returns can't hurt.


I think it is looking good, I will post a follow up regardless of outcome, and I will still check back in case anyone wants to chime in!!

thanks!