Warned at POE for 5 month trip out of US on GC

H

HumHongeKamyaab

Registered Users (C)
Immigration officer noted on my entry stamp that I was out for 5 months. He also said next time he won't allow me without a RP. My RP is in the US and I told him I had to come get it. He was not willing to see my approved N-470.

Then I told him I will be out of US for 3 years. He said RP is only for 2 years how am I going to be out for 3 years. I repeated that I have an approved N-470. This time he saw the approved N-472 and then nodded and started asking questions about my employment.

I am not sure what else do I need in addition to RP and N-470. Also, I had thought that RP was required for trips longer than 1 year.

I have reported this to my 100+ year old Fortune 200 employer and they have promised legal / court assistance and re-application of GC if required.
 
dont worry about this guy man, bring all the evidence next time you are coming back to usa.
There is nothing he can do with a reentry permit and approved N-470.
remember to fill your taxes in time.
in any cases, he ll have to let you in then a judge will make a decision which I know wont take away your green card.
 
HumHongeKamyaab said:
I am not sure what else do I need in addition to RP and N-470. Also, I had thought that RP was required for trips longer than 1 year.

I have reported this to my 100+ year old Fortune 200 employer and they have promised legal / court assistance and re-application of GC if required.
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You need not worry. The officer was doing his job.
#1. He let you in. As per law.
#2. Threatened to not let you in next time. It is just a warning, but if they can determine that you have moved out of US without a re-entry permit, I am sure they can send you to see a judge even if you returned within a year. How will they determine - work ties / residential ties.

But as long as you have approvals, I do not see it an issue for next visit / return.
 
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I thought RP was required when you stay outside for > 365 days. Why am I being asked for RP after 5 month stay without any previous history of extended absences.

Also can I now leave on 1/31/11 and come back on 3/20/12 and file N-400?

GC received 06/2007
i have 36 months physical presence after GC
approved RP (effective 11/2010)
approved N-470
 
I am telling you bro, dont worry about this guy, do whatever you need to do. Leave and come back with all evidence....
he is trying to scare you. yes can leave and come and 3/20/12.
for citizenship purposes, can you come in june ou july for few days ( less than 6 months absence)???
 
HumHongeKamyaab said:
I thought RP was required when you stay outside for > 365 days. Why am I being asked for RP after 5 month stay without any previous history of extended absences.
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As this was your first long absence, and it was under 180 days*, you should not have been harassed like that. The officer was simply being a jackass; it is not standard policy to harass somebody for an isolated 5-month trip.


*after 180 days, your arrival is classified as "seeking admission", which opens you up to extra questioning and possible exclusion, so one should not be surprised to be hassled for a single trip of over 180 days.
 
I am required to come every 5 months so I can keep the trips less than 6 months but my wife cannot make trips every 5 months.

My wife is listed as a beneficiary on N-470.

Also, if I do not file for citizenship, do I have to come to the US before the expiry of current RP. What if RP extension is denied and I am out of the US?

AD 6/2007 so I can file for USC sometime in March I believe.
 
As jackolantern said with an approved N-470, You dont need to show up every 5 months. just come when you 're done and Any officer will let you in.
with N-470, you dont need a reentry perrmit (jacko, correct me if I am wrong)
 
GCman2005 said:
As jackolantern said with an approved N-470, You dont need to show up every 5 months. just come when you 're done and Any officer will let you in.
with N-470, you dont need a reentry perrmit (jacko, correct me if I am wrong)
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You need both. They cover tw different things. Greencard status is protected by the REP and continuous residence for natz eligibility is covered by the N-472. UNLESS, one applied under INA 317 (as a religious worker, priest, nun, missionary etc..) only continuous resience is covered by absence for employment by an American Firm under INA 316(b). In the second case, physical presence is a seperate issue that is not covered and must be met independently in order file an N-400.
 
HumHongeKamyaab said:
Also, if I do not file for citizenship, do I have to come to the US before the expiry of current RP.
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You need to return to the US before the RP expires, in order to avoid losing your green card ... unless your last exit from the US was less than a year ago.

What if RP extension is denied and I am out of the US?
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You must be in the US to apply for the extension. You will find out whether it is approved or denied in about 2-4 months after you apply, so if it's denied all you need to do is return to the US with your green card, within a year after you departed (preferably less than 180 days, to avoid the "seeking admission" scrutiny).
 
HumHonge, GCMan, Jack,

Happy new year.You guys are very knowledgeable. Can you please read my post regarding Reentry permit and give your advice/opinion.

Thanks in advance.
 
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