urgent advise/suggestions requested regarding reentry permit

Z

zyx2002

Registered Users (C)
Issues related to reentry permit
================================

I am a Green Card holder. Due to serious illness of my mother I
took reentry permit in 2008 (I have got GC in 2007) and came to India.

I went back to USA in 2010 2 weeks before expiry of my reentry permit
( I didnt travel to USA for almost 2 years). I was single that time and
didnt have any house or property in USA. I was questioned in primary
inspection at Port of Entry in JFK about why I have been away for so long.
The Immigration officer told me since I didnt have house in USA ,nor family
or job in USA I do not fulfill domicile criteria for permanent residency.
I had to go to secondary inspection where I explained that I have to take
care of my mother as she is ill and old and after much persuasion I was allowed to
enter USA. But the immigration officer made some entries in his computer.

I applied for 2nd reentry permit and was granted it.

I left USA after applying for 2nd reentry permit and didnot go to USA after that.

My 2nd reentry permit would expire shortly and I am very keen to
go back permanently to USA. I got married this year and my wife is going to
USA in L1 visa. I am planning to go USA with her.

I have been very busy taking care of my mother for the last 4 years and thanks to
God she is feeling better. Due to constant travel between my native place (in India) and
Bangalore (in India) where my mother's treatment is taking place I couldnt even join a job
for last 4 years.

My main concern is
I dont own property in USA, I havenot been working for last 4 years, also my
wife is not based in USA but going there on L1 visa.

All this can be used by immigration officer to challenge my domicile requirement
for GC.

Offcourse in my reentry permit I have clearly mentioned I need to be away for
my mother's treatment which will be my point of argument for defence of my
GC and reentry in US.

Given the background do you think it is
1. Worth taking the risk and go to USA or should I just forget my GC?
2. I am really afraid if immigration officials comes to the conclusion that
I donot fulfill domicile requirements. Any idea what can be the consequences of that?

It took more than 11 years to get Green Card. In 11 years I became part of America. As the saying goes
man proposes God disposes. The thought of losing Green Card breaks my heart. But being the only
son I had no option but to come to India on reentry permit to tkae care of my mother.

I would request you to give your suggestions.

If anyone has gone back to USA on 2nd REP please let me know your experience.
 
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If your wife wants to come to USA on L1 visa, you don't have a choice but to accompany her, do you? The worst thing that can happen is the immigration officer asks you to appear before a judge, he cannot send you back since you have a green card and a valid re-entry permit. It would make your case much better if you arrive in the US before expiration of your re-entry permit.

Another option is for you to surrender your GC and apply for a L2 dependent visa which allows you to be with your wife in US and also frees you from GC residency obligations. In future, you and your wife can re-apply for a GC based on her employment or yours.
 
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nkm,

Thanks for your valuable suggestion.

Definitely I will go before expiry of REP.

If th worst happens and I am asked to appear before a judge then til the time my hearing comes up
can I stay in USA.

Incase of a hearing what are my chances of convincing the judge and preserving my GC.

I cant afford to hire a attorney to defend me as it is very costly. I have never gone to a court even
so I am not sure whether I can defend myself.

If there is a court hearing and if I lose the case will they give me some time to return back.

All this is making me really nervous.
 
Chances of your appearing before a judge are almost nil if you arrive BEFORE expiration of your re-entry permit.
 
Travel to the US before your reentry permit expires. Also carry your marriage certificate and a copy of your wife's L1 to show that your spouse is working in the US.

If you go to court and you lose the case and they cancel your green card because of your extended time abroad, you'll have a short time to leave the US like 30 days. But once you leave, you can return to the US as soon as you get an L2 visa.
 
nkm, jack,

Thanks a lot for your valuable advice.

Will it be a good idea if my wife travels a week in advance of me and then in POE I can claim
that my wife is already in USA in L1 and working and has set up residence.

There is another thing I am thinking.

If in secondary inspection I feel I am losing my case can I plead to them that given I have worked
hard and paid a lot of taxes to USA and contributed to its development in my own little way please let
me in atleast one last time. I promise to stay in USA permanently and I give an undertaking that if
I go back to India then I will go to US consulate and surrender GC filling I407.

I have heard that in some cases if immigration officer thinks that inspite of reentry permit
a person has abandoned domicile/residency they will ask you to sign I407 and offer you
to admit as tourist or they can parole and let you face immigration judge.

If my luck is bad and I am offered these choices which is better option for me.

1. If I voluntarily sign I407 at POE and is allowed to enter as tourist where will I get my tourist
visa in such a scenario?

2. If in the future I would like to come to USA in H1 or L1 or tourist visa is it better to voluntarily
sign I407 at POE (if choice offered) as opposed to facing the immigration judge and losing my case.

Can I be detained or deported at POE if in secondary inspection they feel I donot fulfill domicile requirement
even if I reenter before expiry of reentry permit?

If I have to face immigration judge and subsequently lose my case will it be treated as deportation
proceedings even if I voluntarily leave withing the timeframe alloted.

If I am paroled to attend immigration judge typically how long after entry will I get to appear before
the immigration judge?

If I am paroled to attend immigration judge will there be any restrictions like not being able to apply for jobs,
not being allowed to travel within USA etc?
 
If you plead your case in immigration court and lose, you might have a problem getting a tourist visa because your last attempt to enter the US was as an immigrant and the tourist visa doesn't allow immigrant intent. But losing your green card like that won't make a difference for H1B/L1/L2, because those allow immigrant intent.

However, depending on what your status was before the green card, you may have to wait a year outside the US before you can reenter with one of those work visas, although I'm not exactly sure how your situation would be interpreted. For example, if you already used up your 6 years max of H1B before the green card, you're supposed to spend a year outside the US before being allowed to reenter in H1B or L1/L2 status. You have already spent a year outside the US more than once, but you did so as a permanent resident so I'm not sure if that counts.

If you have to go to court to defend your green card, an immigration lawyer shouldn't be enormously expensive. The hearing in court for something like this will almost surely be less than half a day (maybe less than half an hour); I think for less than $2500 you can get a lawyer to prepare your case and make an appearance in court with you. Make sure to negotiate a flat fee with the lawyer for the whole case, so they don't bill you for a huge number of hours. If one lawyer won't do it for a flat fee, find another.

I'm mixed on whether having your wife go to the US before you is a good idea. On one hand, it's good to be able to say that she's already in the US at a particular address; on the other hand, it's good if she can be physically there with you in secondary inspection.
If I am paroled to attend immigration judge will there be any restrictions like not being able to apply for jobs,
not being allowed to travel within USA etc?
Click to expand...
You'll be free to apply for jobs and travel within the US, but they'll probably take away your green card and reentry permit until you see the judge, so actually starting a job may be a problem. It could be anywhere from a few weeks to 6 months before you see the judge. Do you have a Social Security card without the employment restriction, and a valid driver's license or state ID? If yes, you can use those to show to the employer for the I-9 paperwork without having to show the GC.
 
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Jack,

Thanks a lot for your great help.

There is one question I have.
If I am paroled in and they take away my GC and reentry permit and unfortunately
my driving license has expired it will be really difficult for me to apply for jobs in that case.
As you say the judge can set hearing after a long time possible even six month.

In that scenario it would not make any sense to just sit idle for six month.

If suppose I am given hearing after six month and after say 3-4 month I find
things are not working out (I mean if I find due to lack of GC etc I cant apply
for jobs or I am not getting job etc) and decide to come back to India before
attending the hearing will it be a violation.

Is it possible to go and meet USCIS official and explain the situation that I am
no more interested in contesting my GC and want to go back to India after hence would like
to voluntarily surrender GC. Will they accept it.
 
zyx2002 said:
There is one question I have.
If I am paroled in and they take away my GC and reentry permit and unfortunately
my driving license has expired it will be really difficult for me to apply for jobs in that case.
Click to expand...
You don't need the GC to apply for jobs. You only need the GC (or unrestricted SS card + license) when you actually start the job. Once you actually get a job, you can work with your lawyer and the employer to expedite the hearing if you've already been waiting a few months.

But you should try to renew your license if possible before you return. Having an expired license counts as a negative factor with regard to keeping your GC after extended travel. Some states allow GC holders to renew via the Internet or by mail( although they may have certain conditions for mail/internet renewals, such as the license must not have expired more than X days/weeks/months ago). Check your state's DMV for more information.

Is it possible to go and meet USCIS official and explain the situation that I am
no more interested in contesting my GC and want to go back to India after hence would like
to voluntarily surrender GC. Will they accept it.
Click to expand...
Once they let you past immigration and out of the airport, I think the only way you can officially surrender the GC outside of a court case is to leave the US and surrender it at a consulate. However I'm not 100% sure of this.
 
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Jack,

Sincere thanks for providing the valuable information. Your knowledge is amazing.

If during secondary inspection the immigration officers determine I am not fulfiling domicile requirement
and tell me I need to go and defend myself before immigration judge Can I tell them I am not interested
in going through all the hassles and instead would like to voluntarily surrender GC if they are willing
to grant me L2 dependent visa based on my wife's L1 visa?
Will they grant me L2 dependent visa at POE if I file I407 and surrender my GC?
 
They can't grant you an L2 visa at the POE. You'll have to leave the US and go to a consulate for that.

However, if you're Canadian they might allow you to enter in L2 status, because Canadians can enter H1B/H4/L1/L2 status by showing the relevant approval papers and their Canadian passport at the POE, without having to get an actual visa.
 
## Re entry permit - reason for absence ##

Hi!

I seek advice for my below mentioned case:

Me, my sister and my mother are green card holders. I am working here in USA and my mother and sister are financially dependent on me (though we have other relatives in USA who applied for our GC).
Next month we want to go back to India for 2 years (because that is the max duration) and will be applying for a reentry permit. Also, I will quit my job here, Hence my mother and sister will also go back to India with me.

The reason I want to go back is that I am getting married and want to stay with my husband; because it will take 2-3 years for him to get a Green Card and come to USA with me. So I will file application for my husband's green card after marriage and will stay in India till the expiration of re-entry permit.

My question is - Can I write this as a reason for absence for reentry permit(getting married etc..)?

Also, my sister will continue education, so she can write the same in her application.
But what about my mother? :confused:
I am not sure what reason should I write for her.

I would really appreciate quick advice..
 
Jack,

Thanks a lot for your great help.

Wish everyone happy new year.
I have 2 questions:
1. If at POE the IO decides that I have failed domicile requirement and make me face immigration judge and
subsequently I loose my case before immigration judge then I will get a fixed amount of time around 30
days to leave USA. If in that case I do leave USA within the timeframe I am allowed will it be treated as
deportation? Will they mark it as deportation in my passport or in there records?
I really dont want to be in bad book of USCIS. USA is the most powerful country in the world
world and will definitely be so for my lifetime so I will not take chances of being deported from USA.

2. If I voluntarily give up GC by filing I407 in US consulate how good is my chances of getting
L2 visa(based on L1 visa of my wife).

3. Given your extensive knowledge on immigration issues what do you think is better choice:
i) to enter US on REP
ii)to surrender GC and try to go for L2 visa.

Thanks
 
With all due respect you are entering into the world of conjecture here. I have been following your questions and at this point ther are so many ifs in your line of questioning that any final answer you will be given will have a probability approaching zero. You are trying to plan five steps ahead of an event which is in itself not definite. You have entered into the realm of game theory.

;):D;)

To answer your questions, no it will not count as deportation HOWEVER trust me it is not a positive in any way if/when you're going to apply for any non immigrant status in the future. The Interview Officer has the discretion in those cases and usually will deny you for prior immigrant intent. I think your best choice is enter on Reentry Permit.

There are three scenarios which play out when you do that [now I will enter into probability and game theory]. One is they allow you to enter without too much fuss, two is they refer you to an Immigration Judge and you win your case, three is they refer you to an immigration judge and you lose your case. Without having to delve deeper into these probabilities, we reasonably assign each a probability of 1/3. This tells us that 2/3 of the time, you get to keep your green card and only lose it 1/3 of the time.

Considering the high value of the green card, a 2/33 or 66.66% good outcome is worth risking.

Am I making sense to you?

Cheers.

zyx2002 said:
Jack,

Thanks a lot for your great help.

Wish everyone happy new year.
I have 2 questions:
1. If at POE the IO decides that I have failed domicile requirement and make me face immigration judge and
subsequently I loose my case before immigration judge then I will get a fixed amount of time around 30
days to leave USA. If in that case I do leave USA within the timeframe I am allowed will it be treated as
deportation? Will they mark it as deportation in my passport or in there records?
I really dont want to be in bad book of USCIS. USA is the most powerful country in the world
world and will definitely be so for my lifetime so I will not take chances of being deported from USA.

2. If I voluntarily give up GC by filing I407 in US consulate how good is my chances of getting
L2 visa(based on L1 visa of my wife).

3. Given your extensive knowledge on immigration issues what do you think is better choice:
i) to enter US on REP
ii)to surrender GC and try to go for L2 visa.

Thanks
Click to expand...
 
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This is one of the most ridiculous threads I have seen in quite a while. While it is true that you have been away a long time, you have a re-entry permit. You had a long period of residence in the U.S. prior to your long absence. While it is extremely likely that CBP will give you a hard upon entry, you will not be sent to see an IJ and even if you were the IJ would trow the case out. I say this based on the fact that you did not take employment abroad and IF it were required, you could come up with mom's medical records.

You mention a spouse in India who is coming to the U.S. on an L visa, but you did not say WHEN you married. Even if you went abroad and married soon afterwards and waited for the L visa to materialize, it would not be fatal to your greencard. People have been doing the same thing for decades and not had their greencards stripped.

Ultimately, each case is unique and decided on its own merits. In my opinion and as a former NS/USCIS Officer, I think you are making a mountain out of a mole hill.
 
BigJoe5,

Sir, thanks very much for taking your valuable time to respond to my post. I express deepest gratitude from
bottom of my heart.

I married my spouse in feb 2012.

My wife had been in USA once before for 4 months in 2009 in L1. she got new L1 in July 2012 for 3 years.

Sir do you recommend me to carry the photocopy of my mothers medical records with me?

I am going to carry
1. Last 5 years federal IT returns paper
2. My US bank statements
3. My marriage certificate
4. Copy of L1 approval of my wife
5. My expired driving license
6. All my w2 of previous employments in US
7. My work experience letter sof previous employers in USA.

Do I need to carry any other documents?

ananga,

Thanks very much for taking your valuable time to respond to my post. I express deepest gratitude from
bottom of my heart.

Your logic is perfect. It makes full sense.
 
zyx2002 said:
BigJoe5,

Sir, thanks very much for taking your valuable time to respond to my post. I express deepest gratitude from
bottom of my heart.

I married my spouse in feb 2012.

My wife had been in USA once before for 4 months in 2009 in L1. she got new L1 in July 2012 for 3 years.

Sir do you recommend me to carry the photocopy of my mothers medical records with me?

I am going to carry
1. Last 5 years federal IT returns paper
2. My US bank statements
3. My marriage certificate
4. Copy of L1 approval of my wife
5. My expired driving license
6. All my w2 of previous employments in US
7. My work experience letter sof previous employers in USA.

Do I need to carry any other documents?

ananga,

Thanks very much for taking your valuable time to respond to my post. I express deepest gratitude from
bottom of my heart.

Your logic is perfect. It makes full sense.
Click to expand...

I hope you will get through without much problem at POE. Please let us know how it goes afterward
 
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