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The person in question was not on vacation. He was facing an unforeseen circumstance of having to care for a person. There are many instances which a person has been out of the country for 5 years and allowed to return based on unforeseen circumstances. And yes, we all know INS does not exist now...it is a term that people still use in vernacular language.
I know someone who was a green card holder that also had unforeseen circumstances that he had to take care of his ill mother overseas for 4 years in the 1990s. During this time, the person came into the USA at least once a year for a short visit and filed U.S. tax forms in order to maintain their green card until they could return to live in the USA. This person was questioned by the immigration on entry some of the times but was allowed to enter each time. So it all worked out but it wasn't an ideal situation.
Since the person you are referring to hasn't been in the USA at all for over 2 years, I too think s/he needs to consult an immigration lawyer about how to proceed as under normal circumstances their green card would no longer be valid.
Since the person you are referring to hasn't been in the USA at all for over 2 years, I too think s/he needs to consult an immigration lawyer about how to proceed as under normal circumstances their green card would no longer be valid.
Apparently it's a 4 year absence. The advice to consult an immigration lawyer has been made but there's no indication as yet whether this has been done.
Just wanted to tell my story that it may perhaps encourage someone who's having greencard abandonment issues. Miracles do happen, and God is alive. Just listen to this here...
I got my gc in Oct of 2006 through asylum, and it expires in 2017. I left the usa a couple of times between 2006 & 2009 to go to my country for a month each time. However in November of 2010, I left through LAX (los angeles airport), went to my country and stayed for....are you ready for this? I stayed for 4 years 6 months. Yes. You read that right. I didn't know about a re-entry permit so I never applied for one. Its a long story but to be brief my dad was really sick and I ended up taking care of him that whole time. In addition to that, the police in my country busted down our door one day and confiscated all our documents including our passports, birth certificates etc. The bribe the police chief would later ask so as to release my passport was too high, and with no job and with all of dad's medical bills, rents etc...I just couldn't afford it.
So I continued taking care of my dad till he passed away 7 weeks ago, in April 2015. At that time I didn't even think I would be able to return to the USA, but I deeply desired to return. I did some research on the internet just like a lot of you guys are doing and finally made up my mind to risk it all & attempt to fly back. I put all of dad's medical records, his receipts, doctor's letters etc into a folder. I also had another folder containing ''ties to america''..... (both folders totaling about 100 pages). I borrowed some money and paid off the police holding my passport. I borrowed some more money and bought a one-way plane ticket with borrowed funds, (I was that broke) and boarded a plane to the US last week on June 4th 2015.
I landed at LAX on June 5th 2015 and as the plane touched down, I looked outside the window and my eyes filled with tears remembering all I had been through the previous 4.5 years. I wondered if I would be deported & said a little prayer and asked God to have mercy on me. When I finally reached the end of customs line, the cbp officer questioning me was very shocked that I had stayed 4.5 years outside the USA. Would you believe that the CBP officers were so nice, I explained my story and even offered my documents but none of them wanted to read them. They took me to secondary, but after a bit of questioning they gave me back my greencard and welcomed me into the USA!! I was so happy, I almost cried. So guys, here I am 4 & a half years later, back in the good old USA. I feel overwhelmed by this 2nd chance I got. You better believe I won't make the same mistake again of not applying for a re-entry permit or overstaying my gc. I hope this story encourages someone else. There's a light at the end of the tunnel, don't give up. This is America, the land of second chances. I love this place. - God bless.
Just wanted to tell my story that it may perhaps encourage someone who's having greencard abandonment issues. Miracles do happen, and God is alive. Just listen to this here...
I got my gc in Oct of 2006 through asylum, and it expires in 2017. I left the usa a couple of times between 2006 & 2009 to go to my country for a month each time. However in November of 2010, I left through LAX (los angeles airport), went to my country and stayed for....are you ready for this? I stayed for 4 years 6 months. Yes. You read that right. I didn't know about a re-entry permit so I never applied for one. Its a long story but to be brief my dad was really sick and I ended up taking care of him that whole time. In addition to that, the police in my country busted down our door one day and confiscated all our documents including our passports, birth certificates etc. The bribe the police chief would later ask so as to release my passport was too high, and with no job and with all of dad's medical bills, rents etc...I just couldn't afford it.
So I continued taking care of my dad till he passed away 7 weeks ago, in April 2015. At that time I didn't even think I would be able to return to the USA, but I deeply desired to return. I did some research on the internet just like a lot of you guys are doing and finally made up my mind to risk it all & attempt to fly back. I put all of dad's medical records, his receipts, doctor's letters etc into a folder. I also had another folder containing ''ties to america''..... (both folders totaling about 100 pages). I borrowed some money and paid off the police holding my passport. I borrowed some more money and bought a one-way plane ticket with borrowed funds, (I was that broke) and boarded a plane to the US last week on June 4th 2015.
I landed at LAX on June 5th 2015 and as the plane touched down, I looked outside the window and my eyes filled with tears remembering all I had been through the previous 4.5 years. I wondered if I would be deported & said a little prayer and asked God to have mercy on me. When I finally reached the end of customs line, the cbp officer questioning me was very shocked that I had stayed 4.5 years outside the USA. Would you believe that the CBP officers were so nice, I explained my story and even offered my documents but none of them wanted to read them. They took me to secondary, but after a bit of questioning they gave me back my greencard and welcomed me into the USA!! I was so happy, I almost cried. So guys, here I am 4 & a half years later, back in the good old USA. I feel overwhelmed by this 2nd chance I got. You better believe I won't make the same mistake again of not applying for a re-entry permit or overstaying my gc. I hope this story encourages someone else. There's a light at the end of the tunnel, don't give up. This is America, the land of second chances. I love this place. - God bless.
If at a port of entry a CBP Officer issues a removal proceeding in Immigration Court to make a determination that a person has abandoned his LPR status, is the person detained before the immigration hearing or can he enter the country and show up to the hearing at a later date?
There are a few choices depending on your circumstances. The CBP can give you two forms that lawfully abandon your status, in which case you're as free to enter the USA as an alien, as long as there are no other "issues" such as outstanding warrants or inability to support yourself.
You may claim refugee status with a reason, in which case you could end up at a camp in the US until your actual hearing. You better have a good reason/story on that one, with evidence.
USUALLY you're "paroled" into the USA within a few days of your hearing, which is usually half a year from your border crossing, as an example. You present the hearing paperwork at the border with the court date sent/mailed to you by the Immigration Hearing Judge and/or your lawyer.
Based upon you data provided, these are my answers. If there are any curve balls in the infor. dept. they could change. Imm. has little interest in detaining you unless there's another reason.
I know someone who was a green card holder that also had unforeseen circumstances that he had to take care of his ill mother overseas for 4 years in the 1990s. During this time, the person came into the USA at least once a year for a short visit and filed U.S. tax forms in order to maintain their green card until they could return to live in the USA. This person was questioned by the immigration on entry some of the times but was allowed to enter each time. So it all worked out but it wasn't an ideal situation.
Since the person you are referring to hasn't been in the USA at all for over 2 years, I too think s/he needs to consult an immigration lawyer about how to proceed as under normal circumstances their green card would no longer be valid.
In 1997 the US passed the Immigration Responsibility Act, essentially making it your task to ensure your status was kept up. Filing taxes has nothing to do with "status" except if you don't file. Residency has nothing to do with owning a house in the US. If your friend filed an actual hardship status file BEFORE taking leave to care for his mother it would be looked at seriously by immigration, and four years is a long time unless he demonstrated he's an only relative, etc. and there's no guarantee that you'll have a co-operative border clearance. Since the 1997 Act and 911 it's a whole different world.
I've just been told by an Immigration hot line that if you possess a TEN YEAR GREEN CARD you can enter/leave the USA anytime you want to without penalty/filed intent to return/etc. The operator couldn't quote me the Act or Regulation that states that fact. A lot of lawyers probably don't even know about this, and I'm having a hard time believing it.
Gringo511, the above post, is apparently has this kind of newer card. Hence, they're not too concerned on return.
There's another flag: the question concerned an ASYLUM granted card from someone who comes from a country where being gay is not socially acceptable (whatever country that is, most on the list will kill you). Hence, there are serious politics involved.
I doubt he's going to have any problem getting back in, but once back, clean up and get up to date on the infor.
I've just been told by an Immigration hot line that if you possess a TEN YEAR GREEN CARD you can enter/leave the USA anytime you want to without penalty/filed intent to return/etc. The operator couldn't quote me the Act or Regulation that states that fact. A lot of lawyers probably don't even know about this, and I'm having a hard time believing it.
Gringo511, the above post, is apparently has this kind of newer card. Hence, they're not too concerned on return.
There's another flag: the question concerned an ASYLUM granted card from someone who comes from a country where being gay is not socially acceptable (whatever country that is, most on the list will kill you). Hence, there are serious politics involved.
I doubt he's going to have any problem getting back in, but once back, clean up and get up to date on the infor.
No. The duration of the card has nothing to do with the status itself. If you go for a long time, get a reentry permit, or you'll be in trouble. I'm glad it worked for Gringo511, but most of the times it's a very tough sell, especially if the absence for over a year.
I've just been told by an Immigration hot line that if you possess a TEN YEAR GREEN CARD you can enter/leave the USA anytime you want to without penalty/filed intent to return/etc. The operator couldn't quote me the Act or Regulation that states that fact. A lot of lawyers probably don't even know about this, and I'm having a hard time believing it.
Gringo511, the above post, is apparently has this kind of newer card. Hence, they're not too concerned on return.
There's another flag: the question concerned an ASYLUM granted card from someone who comes from a country where being gay is not socially acceptable (whatever country that is, most on the list will kill you). Hence, there are serious politics involved.
I doubt he's going to have any problem getting back in, but once back, clean up and get up to date on the infor.
Unless you have an approved re entry permit you will run into issues. No idea what hot line you called but you cannot reason that 1-800 told you so when you get pulled into secondary
Hi my name is justine. I need your advice please. I am a u.s resident with green card. Im currently here in my country philippines. I've been here 2 years and 6 mos now. I bought 1 way ticket to come here in my country because i am not sure when im coming back but thinking about not morethan 3 months. My reason for staying here is because my mom has anxiety disorder/depression. She's been taking medication she is okay she only got hospitalized if she feels that anxiety or if she feels pain on something not as inpatient but outpatient only. I wanted to stay here with my mom till my sister file a petition for her because no on can take care of my mom she has 2 children from my step dad but they are only teens. And the money for my ticket back i gave it to my mom for her maintence medications. Now finally my sister was able to file a petition and we are now waiting for her visa shes ready to go this coming december 2016. And i am now teady to go back in the us mu problem is it possible to travel without sb-1 visa and just take a risk at the airport?please i need advice ;(
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You are "paroled" into the USA for your hearing
