URGENT - Green Card to be Revoked

Hannah7 said:
Anyway one could just silently depart overseas and return after 5 year saying "I have been living here for 5 years and this trip was just 2 weeks long". And get citizenship :)
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Like I've mentioned in some other thread, the only situation in which I think it's possible is when you leave the US on foot and go to Mexico. There is no border control and I don't think the Mexicans share with the US the info regarding people who fly out of Mexico. Somebody test this theory, please! :)
 
Hannah7 said:
Anyway one could just silently depart overseas and return after 5 year saying "I have been living here for 5 years and this trip was just 2 weeks long". And get citizenship :)
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You could try. How do you plan on answering the questions about your residence and your employment?
 
TheRealCanadian said:
You could try. How do you plan on answering the questions about your residence and your employment?
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I would never try this! I consider this as a serious criminal act!

Of course it would be hard to answer questions about residence and employment if you don't work in U.S. But I meant that one is likely not to be given such questions when "out for 2 weeks".
 
Hannah7 said:
Of course it would be hard to answer questions about residence and employment if you don't work in U.S. But I meant that one is likely not to be given such questions when "out for 2 weeks".
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At the port of entry maybe they won't get asked those questions, but you referred to them getting citizenship. Listing out your residence, employment, and travel history is mandatory on the citizenship application form.
 
Jackolantern said:
At the port of entry maybe they won't get asked those questions, but you referred to them getting citizenship. Listing out your residence, employment, and travel history is mandatory on the citizenship application form.
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This is true. However, the absence of employment history does not constitute a ground for the denial of citizenship. Someone could have been self-emlpoyed. Or could have been working in exchange for food and shelter - their SS number would be pristine in this case.
A person I know has had a GC for 6 years now. All these years he has been living in his home country, making occasional trips to the US where his parents live full-time. He is now filing for citizenship and on the application he indicates that he has been a dependent of his parents all these years. This is supposed to account for his lack of employment history.
 
pashto said:
This is true. However, the absence of employment history does not constitute a ground for the denial of citizenship.
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However, it is grounds for further inquiry into your source of financial support. And that is when the person might run into trouble either because they can't produce the evidence or they produce fake evidence and get caught.
A person I know has had a GC for 6 years now. All these years he has been living in his home country, making occasional trips to the US where his parents live full-time. He is now filing for citizenship and on the application he indicates that he has been a dependent of his parents all these years. This is supposed to account for his lack of employment history.
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So he is going to produce both a fake claim of financial support by his parents, and a fake travel history? Claiming each trip was 2 weeks when it was really 5 months, while also hiding his foreign income by not filing US taxes? And expects the IO to believe his parents let him just sit down at home not doing anything for the past 5 years, not even studying? A sensible IO should be able to see through the lies and tear him apart. Then again, USCIS doesn't really hire many intelligent people.
 
Well, I am not a 100% certain that he will pull this off. However, I think he stands a good chance. This is a free country, so if someone chooses not to work and not to study - well, this is up to them. Also, should USCIS want to deny him citizenship, they will have to present some evidence to prove his wrongdoings. He still enjoys the presumption of innocence, doesn't he?
 
pashto said:
Well, I am not a 100% certain that he will pull this off. However, I think he stands a good chance. This is a free country, so if someone chooses not to work and not to study - well, this is up to them. Also, should USCIS want to deny him citizenship, they will have to present some evidence to prove his wrongdoings. He still enjoys the presumption of innocence, doesn't he?
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Naturalization is not a criminal case, there is presumption of innocence, no reasonable doubt. It's all about 'preponderance of evidence'.

If someone has no documented work or education during the five year period, and cannot document to USCIS' satisfaction how they have been supporting themselves, USCIS may conclude that he has been maintaining himself through undeclared or criminal income and deny naturalization based on lack of good moral character.
 
pashto said:
Well, I am not a 100% certain that he will pull this off. However, I think he stands a good chance. This is a free country, so if someone chooses not to work and not to study - well, this is up to them. Also, should USCIS want to deny him citizenship, they will have to present some evidence to prove his wrongdoings. He still enjoys the presumption of innocence, doesn't he?
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Yes this is a free country, and the USCIS is also free to grant a citizenship to whoever supposes to be beneficiary to the US to some degree not just a burden to a system already about to collapse. Millions out there are uninsured, millions unemployed, millions live on the welfare…...etc. The citizenship from my opinion is not something will be granted because someone fulfills certain time in US and if so, we can go online, log on our time and print citizenship certificate. It is an application susceptible to approval or denial depending on many factors not just residency requirement or criminal history.
 
pashto said:
Well, I am not a 100% certain that he will pull this off. However, I think he stands a good chance. This is a free country, so if someone chooses not to work and not to study - well, this is up to them.
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It's acceptable if they don't want to work or study for 5 years, but if they do that they will need to prove where their financial support was coming from. The burden of proof is on the applicant to show eligibility for citizenship, including producing requested documents that are reasonably relevant to their situation. The interviewer doesn't have to find any evidence of wrongdoing; failure to produce the requested documents is grounds for denial.
 
Jackolantern said:
As I said before, they don't have 100% exit info for everybody. I've traveled outside the US 3 times since obtaining my GC, and only on 2 out of 3 trips they swiped my GC when I checked in. But they do have the information for some people, as some people have been sent to secondary inspection when the IO noticed their trip was very long.

Other times, they have the information in a database but it doesn't pop up on the screen at the port of entry. If the airline didn't swipe the green card at the departure flight, the system wouldn't be able to automatically correlate the data to the individual because there wouldn't be a unique identifier for that person for the exit. But if they sent you into the secondary inspection room, they could ask when was your exit date and which airline you flew on and where you flew, and run a query to see if anybody with your name flew on that airline on that date to that destination.
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Airlines are required to send the lists of passsengers to DHS. So if you are on a flight they will have a record.
 
thankful said:
Airlines are required to send the lists of passsengers to DHS. So if you are on a flight they will have a record.
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Yes, they will have a record of it, but that doesn't always mean they have enough identifying information (e.g. an A#) to automatically correlate it to a specific individual and have it automatically show on the screen. If they didn't swipe the green card when you checked in for your exit flight, the computer can't automatically be sure if any of the 20 people with your same name who flew on that date is you. Not even the passport number is fully reliable for automatic matching, as people renew passports and get a different passport number, or they have multiple citizenships and use different passports for different flights.

But a human looking through the data can sift through the data and use their brain to figure out which trips are by you. They can do additional things like look at your new passport and see the old passport number (my country's passport has a page where it shows the previous PP#).
 
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mmed said:
Millions out there are uninsured, millions unemployed, millions live on the welfare…...etc. The citizenship from my opinion is not something will be granted because someone fulfills certain time in US and if so, we can go online, log on our time and print citizenship certificate. It is an application susceptible to approval or denial depending on many factors not just residency requirement or criminal history.
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This is still a country ruled by law and no, the law does not include factors like having a job.
 
sotiredofwaiting said:
This is still a country ruled by law and no, the law does not include factors like having a job.
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For sure the application, approval and denial are regulated by law and any one can go to the court if his application is denied and obviously a third party can also go to the court if someone was granted a citizenship which seems a burden to the system from the opinion of the third party. Many of those uninsured are still have jobs and millions without jobs manage to live without welfare and have their own private insurance through different legal sources other than jobs. When you are required to go to the interview you have to have documents required and regulated by law to support your application. Having a job, despite it is not required by law, still is supporting issue toward approval of your petition. Millions of GC dependents (spouses and kids) are without jobs and granted citizenship on spot or even automatically upon approval of the principal (kids), why because they have source of legal income not jobs.
 
Jackolantern said:
You are not required to have a job, but you are required to have financial support that was derived legally, whether it comes from your job or elsewhere.
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If I have a situation I need to prove that my money are legally derived , how will I do it? I don't have any job now, because I study. So almost all money are from parents who live in my domestic country. Money were simply deposited into my U.S. and foreign account.

Can this be considered as immigration problem ?
 
Hannah7 said:
Which one?

Is it problem being supported by relatives from foreign countries while LPR ?
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Support from relative, parents, spouse, friend, generous unrelated person is just fine. If you study is also OK. What is not fine and MAY adversely affect the application is not to have any proof of any legal income whatsoever for years and years and the only argument is "this is a free country and I can have job or just sitting watching TV". Add to that absence from US for years with or without excuse, add to that few violations to the law here and there, add to that falsifications to documents and many tricks intentionally or by mistake by applicants or professional lawyers and so on.
 
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mmed said:
Support from relative, parents, spouse, friend, generous unrelated person is just fine. If you study is also OK. What is not fine and MAY adversely affect the application is not to have any proof of any legal income whatsoever for years and years and the only argument is "this is a free country and I can have job or just sitting watching TV". Add to that absence from US for years with or without excuse, add to that few violations to the law here and there, add to that falsifications to documents and many tricks intentionally or by mistake by applicants or professional lawyers and so on.
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This year I am being more outside the U.S. than in. By the end of the summer, when I am returning for good , I will be away for 9 months.

Actually 4 months + short stay in U.S. + another 5 months away.

I have a proof from EU university and proof of being enrolled for U.S. university.

As far as finances are considered I have zero income during 2008. Maybe I should get some statement from my parents, that they support me on my studies.

With these mentioned documents , I am not likely to have problems on re-entering, right ?

P.S. - my pain in my mind is that I didn't apply for re-entry permit
 
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