Wondering .. Staying out of US (< 6 mnths) because no Job.. whether problems at POE

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drgreen

Registered Users (C)
I have been reading messages in this forum about persons staying out of US for around 4 months and one of the the reasons being no job in US while holding PR.
On return If asked at POE that why a person was out of US for 4 months (but less than 6 months) then WOULD IT BE LEGALLY OK to say to officers at POE that since she had been out of job in US because of soft economy (well known to everyone) she went back to home country to spend sometime till it gets better in US. (But of course assuming the stay outside is less than 6 months and the person holds residence in US--bank accounts, etc. so that no inadmissibility conditions apply)
 
Re: Re: Wondering .. Staying out of US (< 6 mnths) because no Job.. whether problems at P

Originally posted by JoeF
Hmm, not a good reason. Besides the stuff with having bank accounts, the travel abroad has to be clearly temporary, with a clear end date.
As always, it is about common sense. What would a person normally do when being out of a job? Trying to find a new job, of course, not staying abroad (btw, working abroad in such a case is a pretty sure sign that the GC was abandoned).
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what about staying out for liquadation of property or taking care of a seriously ill mother. what kind of evidence POE officer might ask for ?
 
Re: Re: Re: Re: Wondering .. Staying out of US (< 6 mnths) because no Job.. whether probl

Originally posted by JoeF
One important point: never lie to an INS officer. If you actually did any of these things, it should be easy to have evidence like bank statement or a letter from the doctor.
Note that being on vacation is of course a perfectly valid reason, but saying something like "oh, I lost my job, and because of the bad economy I went to my home country" just doesn't cut it.
Even if that's what was done, it can be packaged in a more neutral sounding sentence, like having been on an extended vacation.
And you don't have to volunteer information. For example, when asked why you were abroad for so long, there is absolutely no reason to mention that you are out of a job. The question wasn't about your current employment.
Answer the questions truthfully, but don't give information they didn't ask for.
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About liquadation of property, i sold of lands and have a NIR bank account with a large amount on it. But what i am worried is if i show that bank statement to the POE officer could that be construed as having financial interests in India and thus becoming grounds for cancelling the green card?
 
Re: Re: Re: Re: Wondering .. Staying out of US (< 6 mnths) because no Job.. whether probl

Originally posted by JoeF
One important point: never lie to an INS officer. If you actually did any of these things, it should be easy to have evidence like bank statement or a letter from the doctor.
Note that being on vacation is of course a perfectly valid reason, but saying something like "oh, I lost my job, and because of the bad economy I went to my home country" just doesn't cut it.
Even if that's what was done, it can be packaged in a more neutral sounding sentence, like having been on an extended vacation.
And you don't have to volunteer information. For example, when asked why you were abroad for so long, there is absolutely no reason to mention that you are out of a job. The question wasn't about your current employment.
Answer the questions truthfully, but don't give information they didn't ask for.
Click to expand...

About liquadation of property, i sold of lands and have a NIR bank account with a large amount on it. But what i am worried is if i show that bank statement to the POE officer could that be construed as having financial interests in India and thus becoming grounds for cancelling the green card?
 
I find it amazing that so many people, even after obtaining their Green Cards, live in daily, mortal fear of having it revoked by the INS.

Here's what I feel about the situation: If you want to take a few months off because you've lost your job or simply because you want to take a break, do it! In my ***opinion***, the INS is not going to rescind your green card if you spent 4/5 months out of the country travelling, visiting ailing/old relatives, visiting perfectly healthy friends/relatives, or just simply recharging your batteries.

That said, you could jeopardize your situation by visiting a hostile middle eastern country during your travels. I'm pretty sure the INS wouldn't look too favorably upon you if you travelled to, say Afghanistan or Iraq, while you were out of the country. Furthermore, its been well documented that staying out of the country for more than 6 months without a re-entry permit is a bad idea.

My recommendation is to try and enjoy the freedom that a GreenCard is supposed to represent. If questioned at the POE why you were in India (or any other place) for 4 months, use common sense. Telling an INS officer that you were burnt out from having worked your rear off for the last 4/5 years and wanted to take a vacation is not grounds for abandoning your GC. Telling them that you wanted to spend a little more time with your family in India while between jobs is also acceptable.

I might be a little naive when I say, "you only live once, enjoy your life while you can!" Try it. I'm sure it won't hurt. Your GC won't mean much to you in a few years if it requires you to sacrifice all that is important in your life.

ps I'm not here to start a debate. Neither am I an immigration attorney. I'm just someone who recently obtained his green card after having been in the country for 12+ years on a variety of temporary visas, and am just looking for ways to enjoy my new-found freedom.
 
THATS the spirit gb111...

THATS the spirit gb111...
You sound perfectly well...thats the message I would want to send too....there shouldnt be any fears or doubts if a person is in between jobs (or out of job ) and spending some time off on vacation or for any other purpose out of US ( < 6 months w/o repermit) and ofcourse not let go residence status in US.
 
I agree with gb111. The green card gives you certain degree of freedom in travelling, at least it eliminates the possible hassel of getting various sorts of returning visas as in the case of someone in H1 or F1.

On the other hand, immigration is a lengthy process as everyone knows. To many, getting the green card is possibly not the final step for many, especially after 911. Some people consider getting the citizenship as the end of US immigration. Therefore, we will need to do as much as we can to preserve the green card that's not easy to come by. Bear with another 5 years (not very likely to be shortened in the near future) before getting the citizenship. Then we will be free.
 
I think there is nothing wrong if one locked up their home/Apt and went for a break for 5 months and came back home. As Joe said common sense approach is what is required.

I think if one does not have a fixed address here and went out for an extended period, then it could be argued that one has abandoned PR in the US. For several years many people have been visiting the US once in a while to maintain PR status. I think the INS may be after them rather than people who primarily live here but are going out for an extended holiday.

Alternatively one get a reentry permit for 2 years and come in and out as you wish.
 
Regarding ... "Alternatively one get a reentry permit for 2 years and come in and out as you wish."

Is it true? Can one get a reentry permit (valid for 2 years) come back after 5 months, go out of the US, and come back again (say in 5 months) and use the original/same reentry permet if needed?
 
> Yes. The reentry permit is valid for 2 years, and you can use it
> over the full validity period. You don't hand it in to INS when
> you come back.

Is reentry permit always valid for two years (not any less) even if they see that you don't need the full validity?

What is a better scenario... originally planning to be out up to two years, and coming back after 5 months for a short stay, to preserve continuous residency requirements for citizenship, or telling INS that reentry permit is needed for five/thirteen/whatever months only (and they assign(??) you one valid for two years)
 
The reentry permit can be used for the validity of the period (max 2 years) and one can come in and go out freely. Since the determination of staying out for that period has been made by INS, you will not be subject to secondary inspections etc when you enter the US. One can re apply for a reentry permit for an additional 2 years. If one enters the US, before staying 1 year outside, then I understand one can keep the clock for the citizenship period ticking (ie it does not get reset to 0). One can apply for a reentry permit on their own (without a lawyer) and it costs $110 in INS fees, and is a small price to pay to insure your GC status.
 
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The only risk of coming back every 5 months for short visits is the increased chances of having trouble with INS officer at the POE with every trip back. INS officer will examine your travel records and question why you always leave 5 months and then come back for short visits. In other words, your intention to stay in this country will be questioned, even with the re-entry permit.

The re-entry permit can possibly make things even worse in this case, because it is an indication of someone's intention to stay extended period out of this country. INS has stated that the document itself is not a guarantee for entry.

I have a friend who went out for 5 months, came back for a week, then left again. He was caught by INS officer during his second trip back. He showed his re-entry permit. Still he had to spend lots of time with INS at the POE.

So, if I were you, I would either came back less than 3 months (to be safer) or just stay close to 12 months or between 12-24 months and then came back with the re-entry permit. That can also help you save your airfare! But you need to take into account the affect on your future citizenship.
 
> ... INS officer will examine your travel records and question
> why you always leave 5 months and then come back for short
> visits...

At the primary inspection how will they check travel records quickly? Are you referring to the entry-exit system? I thought they had those details at secondary inspection (only?).

> The re-entry permit can possibly make things even worse in
> this case, because it is an indication of someone's intention to
> stay extended period out of this country...

How can it make things worse? INS already passed a judgment that one can stay out for 2 years. Coming in sooner (even though for a small timeframe) should show a stronger intention of keeping the long-term residence in the US.

> I have a friend who went out for 5 months, came back for a
> week, then left again. He was caught by INS officer during his
> second trip back. He showed his re-entry permit. Still he had to
> spend lots of time with INS at the POE.

How was he caught? What gave it away? What kind of questions were asked? How was he let in?

Thanks in advance!
 
Believe it or not, INS is always contradictory--on one hand, they issue you the 2-year reentry permit, on the other, they can still revoke your green card.

My advise is: use your re-entry permit sparingly only if necessary (1+ year absence).

If presented, the docment itself is a warning sign to INS officer that the GC holder has an initial plan/intention to stay abroad for an extended period of time, regardless of the length of absence for the most recent trip. It can only cause more trouble at the POE with INS. An example is the increased likelihood of the GC holder subject to more stringent inspections (e.g. questioned about tie to US, reasons abroad etc.)

I am not sure about the travel records at either first or second inspections but the PATTERN of your travel (always 5 months out, coming back for short visits) will be noticed by INS sooner or later.

During the 2nd trip back of my friend, he was questioned why he stayed so short between 1st and 2nd trip. Apparently, his pattern of travel is noticed by INS. Also, keep in mind that INS has all flight information about the traveller. Finally after several hours of interrogation, a note was put on his passport--"Admitted as LPR, A#XXXXXXXX, out X months, warned about residence requirement". INS suggested that if this happens next time, the green card will be confistigated.
 
It is also important to note that neither the Reentry Permit, nor the greencard (for trips taking less than one year), nor the "special immigrant" visa, will guarantee that a permanent resident will be readmitted in the U.S. Remember: the INS officer always has the right to refuse entry to any permanent resident if he or she deems that the individual has either abandoned the intent to remain permanently in the U.S., or has committed a crime, or falls within one of the grounds for exclusion under U.S. immigration law.
 
Back fom India after 4 and 1/2 months

Hi, I have been posting questions and have been getting some valuable answers for the past few weeks on my travel situation. I got back to US on 17th Jan through JFK, NY. Based on all the info i was quite scared. at the airport i was asked to go to the US citizens line ( looks like GC holders and citizens go together). I said hello and the officers replied back nicely. He took my plastic card and swiped it through the computer system and while doing so asked me " How long were you outside the US?" my reply was " about 4 and 1/2 months". He then asked me " Why so long?" and i replied "I had a medical emergency at home because of my mothers feable health" and he said OK and stamped my passport as "Admitted".

The whole thing lasted about 30 sec. By the way one good advise given by JoeF was never to lie. I had medical records and other supporting documents so in the event of more questioning i would have still been ok.

Anyway i would like to thank Rajive Khanna and people nn this channel to provide answers which are very useful.

Please cont. the good work.

Cheers,
 
Glad to hear that you had a smooth return. Did they look at your air ticket as well? Did you buy a return ticket last time you left the US?
 
Originally posted by jnwong
Glad to hear that you had a smooth return. Did they look at your air ticket as well? Did you buy a return ticket last time you left the US?
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POE officer took my boarding card, passport and Green card. He did not ask for my ticket. I actually bought a round trip ticket but becaue my stay got extended beyond 3 months ( the validity of the ticket) i had to purchase a new one way ticket.
 
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