Will my rank stupidity cost me my green card?

C

cutyl

Registered Users (C)
Hey guys,

This post will begin with an admission that I have done something so breathtakingly stupid that you may think it is written by a brain damaged labrador.

I have had my GC since 2002, got my ten year one in June 2005, just after I finished my undergrad degree. I have lived in the US almost all of my adult life, but in December 05 I left the US with the intention of coming to where I now am (Australia) to do a Masters. It was a one year course, it ends in February, after which I intend to return to the US. My American girlfriend has been here with me all year, but she left in December to go home and find a job, with me shortly to follow.

Long story short, cue my retardation: I didn't know about the 12 month absence rule/ re-entry permit needed. Obviously, I don't have one. I am just into my fourteenth month. A friend of mine in the US government stumbled onto something about it while reading and referred me to it. Since doing my sums, I now know I am in deep trouble.

My questions are these:

Should I try to re-enter? Will I be sent back if denied at LAX, or still able to go visit? Is there any chance that immigration would allow me in and this whole nightmare could end well?

Do I have any recourse or appeal if my card is terminated?

Are there any other options I have other than trying to re-immigrate? Returning residents visa or something like it?

The US is my home. I have lived there since I was 18, and only came back to do a Masters degree because the tuition is so much cheaper here. I found out about this yesterday and I am gutted. Today I had to call my girlfriend of three years and tell her what has happened. I would appreciate any help or advice you can give me...

Cheers!
Mike
 
Once you have a green card, or an I-551 passport stamp, do not leave the US for more than 12 months at a time without first getting a reentry permit by filing an N-470. This will allow you to be out of the US for up to 2 years without losing your green card. If you leave without filing an N-470 then your only chance to get back is to apply for an SB-1 at the local US consulate. An SB-1 is risky since you will need to prove that your extended leave was not intentional. It helps to prove your case, if you had filed US taxes for every year you were gone. Note that if you leave for more than 6 months, but less than 12, you don’t need a reentry permit, but this will disrupt your continuous stay requirement for the purposes of citizenship.

I would recommend you hire a good lawyer to prove that you did not do this intentionally. SB-1 can be tricky.

You can't fly back until the consulate in Australia gives you permission. If you do fly back without filing SB-1, then you will surely be denied, and your chances of your GC being cancelled at reentry time are also quite high.
 
Last edited by a moderator:
curiousGeorge said:
Once you have a green card, or an I-551 passport stamp, do not leave the US for more than 12 months at a time without first getting a reentry permit by filing an N-470.
Click to expand...

The N-470 is not used for a re-entry permit; that's the I-131. The N-470 is used to preserve continuous residency for naturalization purposes while abroad, and is a completely different animal.
 
It is a pretty big blunder, no doubt about it. However, forget the past (you can do much about it) and learn your lesson WELL, and focus on what you can do now.

I'm not sure of all your options, but you should try SB-1. Here is a general info about it:

Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for such status aliens must show:

That they were lawful permanent residents when they departed the United States. -- That when they departed they intended to return to the United States and have maintained this intent: -- That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible; and -- That they are eligible for the immigrant visa in all other respects.

Applicants who wish to apply for Returning Resident (SB-1) visas should contact the nearest consular office well in advance of their intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.

If the returning Resident (SB-1) visa is refused on the grounds that the alien has given up his residence in the United States, it may or may not be possible to obtain a nonimmigrant visa, depending on whether the applicant has established a residence abroad to which he will return. If the applicant wishing to return to the United States cannot submit convincing evidence of compelling ties abroad he may have to apply for an immigrant visa on the same basis by which he immigrated originally, if that is possible.

It is uphill road for sure......but you do not have much choice....If you have $$, hire lawyer.

Good luck.

P.S.: I'm not an immigation expert. I'm just an ordinary guy. You are soley responsible for your actions.
 
Slightly OT: Getting more info from USCIS with GC

I won't repeat the good advice others have give here, but it raises an interesting point. Except for those of us that dwell around forums like this one, many people do not know about REPs or SB1s. It might be useful if, with your welcome letter or green card, you also received a pamphlet explaining clearly your obligations to retain permanent residence, and how to apply for the above mentioned documents.

I realize that in some cases, people get a Green Card with no intention of remaining a true US permanent resident. In other cases, like the one posted here, it is a simple overisight based on the time line of the pursuit of advanced education.

Time for USCIS to include a pamphlet with the card itself on the rights and responsibilities of being an LPR. (This could include things like a definitive answer about keeping the card on you at all times too!)
 
Actually wasnt there some guy on here asking about advice saying that he had entered the US about three times without the re-entry permit which he shd have had but didnt and simply was questioned and told to get one. and was really mad that they stopped him the 4th time or something and didnt understand why they were asking for it and thought they were harassing him.

I realise that while legally you need to have the re-entry permit, that led me to believe that they might very well allow small lapses if you explain it well. it is rare for them to deny you entry incurring huge expenses for small mistakes unless they really feel something is amiss. this is a big difference between british and indian rules where sticking to the word of the law is all they care about while intent is more important here. Maybe this can be ironed out with a visit to the consulate or just coming back to the US and talking to the officer at point of entry.

Just my two cents and yes, i realise that "legally" you are required to have the REP.

Aha! i found the post where the guy got in without a re-entry permit multiple times.
http://boards.immigration.com/showthread.php?t=228668

All I am saying is that they probably wont send you back on a ship because you forgot about it unless you are rude to them. :) But now you must be sure to work towards getting a re-entry permit at the latest so you are not at their mercy.
 
Last edited by a moderator:
Thank you all... and a couple more things

Thanks to all who responded. I have ordered the pack for the SB1 for the consulate, but I think my chances of getting it are slim. You have to prove your extended absence was out of your control: mine wasn't. It's US$400 for what can only be call a snowball's chance in hell, based on what I've read. I'm thinking very carefully about it before I do it, I see it as a last chance recourse.

Robocop, however, raises an interesting point I'd like more feedback on from anyone who wishes to comment: if I was able to clear customs, if there is potential for "leeway at the gate" so to speak, and I was re-admitted, then the nightmare seemingly would be over. I am seriously considering attempting this course of action. What are peoples thoughts on this one? As I recall when I traveled to Australia for my uni interview in 05, upon re-entering the US, I think the guy just looked and my passport and my GC and sent me on through... I don't remember a tonne of scrutiny.

What do you think would happen to me, worst and best case scenario?
 
TheRealCanadian said:
You mean this?
Click to expand...

Yes, I do mean that. But AFAIK, this is not something that accompanies receipt of the actual card (at least I never got one).

If you are unaware that there are specific time limits governing physical absence and retention of LPR status, then how do you even know or think to do any research?

I am sure there are plenty of people in this situation who simply are unaware of their responsibilities and who are not actively trying to get around the rules, like the original poster here.
 
cutyl said:
I think the guy just looked and my passport and my GC and sent me on through... I don't remember a tonne of scrutiny.
Click to expand...

There are a couple of things to consider. First is that the USCIS likely has your departure and entry record on file (it has been a requirement for some time for airlines to furnish this information), and it is probably visible when they scan your GC at entry. This would reveal the extended absence.

Second, every time I returned to the US last year, regardless of places visited or duration, the only question I was consistently asked was "how long have you been away". Given that lying at the POE is a very poor idea (especially if they are simply corroborating what they already know), then your answer will trigger at the very least a secondary inspection, and at the worst, refusal of entry.
 
Don't worry to death !!

I have a friend who recently came back from UK after 8-9 months and the officer let him in with a warning ....just make sure you pretend as if you did not know of these rules etc...most of them are nice..smile ..be polite ..and cooperative ..explain that you are a bit absent minded ....just don't wait till it's too late.
 
fyi, the envelope containing the GC now does include a pamphlet on being a PR & your responsibilities, including advice on not to spend more than 12 months out of the country, and what to do if you have to. All written in plain English, easy to understand.

I received this with my GC about 2 weeks ago.
 
You must log in or register to reply here.
Top