What does it mean to be out of the country for 1 year?

[snetesin]

I know the rule that after being out of the country for one year you loose Green Card. But the rule is silent about short trips back. Here is my specific problem:

We moved temporarily (due to my work) to France last June. Since then, we made several trips to USA, each time a few days, to maintain GC (we did not file return permit). But on the last trip my wife was sent to the secondary and questioned. She showed a letter from my work which says that I am on a temporary assignment since last June. Then the immigration officer said: OK, I will mark your file that you should return before June or your GC is void.

We were not planning to return until July, we can't. My question is: does this Note that the officer made mean anything? If we come back in July, our last trips to the country would have been less than 3 months back. However, the officer seems to ignore these trips - he focuses on when we left for the assignment. Is this normal?

We have a house in USA and we have EVERYTHING (phones, bank accounts, US tax returns, US salary etc.) to prove ties. Our two kids are US citizens and would be coming back with us in July...

 

[Jackolantern]

The 1 year rule just makes the GC revocation nearly automatic, but they still have the right to cancel your green card for trips of under 1 year or even under 6 months, if your travel pattern and other factors indicate you have abandoned your US residence. He was ignoring the short trip back to the US because he figures it was not for residing in the US, it was only for working around the 1 year rule and avoiding a reentry permit. Without returning by June, she would end up with a total of over 1 year outside the US with no substantial time inside the US since the first trip.

She's going to have to return to the US before June, or the next time* they'll take away the card and set up a court date for your wife in front of an immigration judge.

How come she was sent to secondary and you weren't? Are you a US citizen? Or did you go to a different immigration officer or travel separately?


*if the officer made a note in the computer about returning by June and the next one notices it

 

[mmed]

Many think that coming back to US for few days short of 6 months is a substitute of continuous residence in US which is not. If you travel for long time (maximum 2 years), even if you plan to come back every month for few days, just apply for permit. Permit is the document which will keep your GC in active status to great extent, not the short visits. The number of people who will be affected and get caught is the minority and selected randomly like speeding on high way, one car out of hundred will by fined not the reverse. The note written in her file will show up every time she will come back to US and ignoring the note will have adverse effects on GC.

 

[snetesin]

How come she was sent to secondary and you weren't? Are you a US citizen? Or did you go to a different immigration officer or travel separately?


*if the officer made a note in the computer about returning by June and the next one notices it

We were not traveling together. Last time I visited US nobody even looked at me. But this time about 90% of the people in line went to the secondary. I have no clue why. Previously, two of us made 4 trips with no issues, but this time it was totally different.

Many thanks - this is a bad news!

 

[snetesin]

She's going to have to return to the US before June, or the next time* they'll take away the card and set up a court date for your wife in front of an immigration judge.

How serious is this immigration judge? I mean, I have absolutely all necessary evidence to show ties to the USA. If I hire a lawyer and explain this all to a judge, will he necessarily revoke the GC if we stayed abroad for more than a year or is this at his discretion?

And do I understand correctly that we would still be able to enter the country? If so, how long does it take normally to get in front of the judge?

 

[Concerned4us]

You could have avoided this with a reentry permit. Is your employer a US employer or did you take employment with a French concern? If you took up employment in a foreign country, you are assumed to have abandoned your GC. If it is a US employer, consult with an attorney immediately.

 

[Jackolantern]

How serious is this immigration judge? I mean, I have absolutely all necessary evidence to show ties to the USA. If I hire a lawyer and explain this all to a judge, will he necessarily revoke the GC if we stayed abroad for more than a year or is this at his discretion?

With a good lawyer and all the appropriate documentation, you'll probably be OK. But there is no guarantee of a favorable result, and that scenario is an expensive and stressful one.

And do I understand correctly that we would still be able to enter the country?

If there are no criminal issues they probably will let you into the country, and then you'll wait for your court date. They will confiscate the green card and hold on to it while you wait to see the judge. If they believe you'll disappear into the country instead of showing up in court, they can detain you until the court date.

If so, how long does it take normally to get in front of the judge?

Anywhere from a couple weeks to more than a year.

 

[mmed]

How serious is this immigration judge? I mean, I have absolutely all necessary evidence to show ties to the USA. If I hire a lawyer and explain this all to a judge, will he necessarily revoke the GC if we stayed abroad for more than a year or is this at his discretion?

And do I understand correctly that we would still be able to enter the country? If so, how long does it take normally to get in front of the judge?

It take ~6 months, during that time period your GC will be taken in the airport and may be the passport too. Obviously some cases will be revoked and others will be not in the court depending on tons of factors. I think you come for few days which will make the ~6 months+ is hard for you to stay especially that you do not apply for permit giving the fact that you must be in US at the time of application and at the time of biometrics and may be at the time of approval to receive it which will waist your time staying in U

 

[snetesin]

You could have avoided this with a reentry permit. Is your employer a US employer or did you take employment with a French concern? If you took up employment in a foreign country, you are assumed to have abandoned your GC. If it is a US employer, consult with an attorney immediately.

Thank you, but I did not get the permit and there is no way to reverse it. I had a poor advice from my lawyer who said that I can just come back every few months.

I was never empolyed in France, my salary was always paid in USA by US company.

 

[snetesin]

It take ~6 months, during that time period your GC will be taken in the airport and may be the passport too. Obviously some cases will be revoked and others will be not in the court depending on tons of factors. I think you come for few days which will make the ~6 months+ is hard for you to stay especially that you do not apply for permit giving the fact that you must be in US at the time of application and at the time of biometrics and may be at the time of approval to receive it which will waist your time staying in U

Wow, 6 months, and maybe up to a year! That is not what I envisioned. How can they possibly take my passport - it is a property of my country, not USA?

Thanks to everyone, it seems like we have no choice but to make it back before the year is over. I guess we can go back for a week and then return to Europe to continue our stay here...

 

[Hannah7]

Sometimes U.S. laws can be explained differently. From what I read here, you have intend to come back!

If you are assigned overseas temporarily ( say up to 2 years ), I would expect that coming back to U.S. every couple months for a few days is good. Of course providing fact you have proper documentation. USA isn't prison, is it?

I wonder why you were reffered for secondary inspection ? Did you stay outside for more than 6 months?

I see you're out for almost one year, right? How many times did you travel back exactly?

Bonne chance !!

 

[Jackolantern]

Wow, 6 months, and maybe up to a year! That is not what I envisioned. How can they possibly take my passport - it is a property of my country, not USA?

They're not supposed to take the passport if you're not a suspected criminal. They seized the passport of somebody on this forum, but I expect that they would not have done that if the person protested strongly enough.

Thanks to everyone, it seems like we have no choice but to make it back before the year is over. I guess we can go back for a week and then return to Europe to continue our stay here...

Not so simple. When they give a warning to return by a specified date, they expect you to return and stay, not leave again in a week.

 

[Jackolantern]

If you are assigned overseas temporarily ( say up to 2 years ), I would expect that coming back to U.S. every couple months for a few days is good. Of course providing fact you have proper documentation.

There are reentry permits for people who want to go on extended travel for 2 years with short stays or no stays in the US. Coming back every few months and staying for a few days makes it look like one is simply circumventing the reentry permit requirement, not going back to the US for bona fide residential reasons.

USA isn't prison, is it?

No, but noncitizens are treated like criminals.

 

[Hannah7]

There are reentry permits for people who want to go on extended travel for 2 years with short stays or no stays in the US. Coming back every few months and staying for a few days makes it look like one is simply circumventing the reentry permit requirement, not going back to the US for bona fide residential reasons.

OK right

But still I wonder why snetesin was bothered by CBP when he made several trips during absence shorter than 1 year. In this case he is still not required to have reentry permit.

 

[snetesin]

It is a puzzle for me why my wife went to the secondary. We were never away for more than 6 months, it was always 3-5 months at a time. This time I suspect this was some kind of increased alert: most GC holders went to the secondary. Or maybe she said something wrong, who knows.

So what length of time do we have to stay in USA to remove suspicions? This is very confusing to me: we were planning to stay for a couple of months and then go back to Europe (my assignment there continues for another year). I guess it is safer to file for re-entry permit for the second year. Does anyone know how long it takes to get one?

 

[mmed]

So what length of time do we have to stay in USA to remove suspicions?

Indefinitely (permanently) and the travel overseas is the exception (temporary)

 

[Jackolantern]

OK right

But still I wonder why snetesin was bothered by CBP when he made several trips during absence shorter than 1 year. In this case he is still not required to have reentry permit.

Sure, the individual trips were less than a year, but the total stretch of trips was going to be more than a year. They don't like people violating the spirit of the law with meaningless trips of a few days in the US.

 

[Jackolantern]

It is a puzzle for me why my wife went to the secondary. We were never away for more than 6 months, it was always 3-5 months at a time.

You still don't get it. The entire travel pattern is important, not just the length of an individual trip.

This time I suspect this was some kind of increased alert: most GC holders went to the secondary.

That's probably why she was sent to secondary in the first place, but it was the pattern of trips that got her in trouble with the officer there.

 

[mmed]

We were never away for more than 6 months, it was always 3-5 months at a time.

This is half of the stay requirement of GC holders; not to be away for more than 6 months, the other half is to stay in US permanently which, as I understand it, never happened even for one month continuous in US.
Guys, despite I am sick from the regulation and I hope to make it free to keep your GC (Not the eligibility for citizenship with living permanently overseas) and live wherever you want, this is not the case. GC is a permanent visa with restricted numbers to those who suppose to live and actively participated in US not overseas. The regulation is very generous, not my opinion; it is the opinion of the USCIS, for those who have an EMERGENCY necessitate them not to live permanently in US to apply for permit. Coming back and forth, whatever the interval is (every month exactly as every 5.99 months) and whatever the length of stay in US in every visit to great extent, is NOT substitute to the permit. Those who consider GC as visiting visa, backup in case they need it in the future, as a tool to become USC without being in US …….etc making it harsh for themselves and lengthen the waiting line for others.

 

[snetesin]

Sure, the individual trips were less than a year, but the total stretch of trips was going to be more than a year. They don't like people violating the spirit of the law with meaningless trips of a few days in the US.

This is exactly my point: nowhere have I seen references to the "total stretch of trips more than one year": it is always continuous absence of a year. In the rules for return permit is clearly says: if you are absent less then a year continuously DO NOT file for return permit: GC is all you need.

This is also exactly what the lawyer told me (a year ago). The company (US university!) sends you to another country for a year (nothing wrong with that), but due to the nature of your work, you need to come back avery few months anyways. So there is no need to file for permit, he said.

I understand: there is a written rule, but then there is also its interpretation by government officials. However, it reminds me a lot of my original country where all laws are intentionally vaguely written... Oh, well...