Abandonment of Lawful Permanent Resident Status
Mar 25th 2015, 12:46 pm
#16
Lost in BE Cyberspace
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Re: Abandonment of Lawful Permanent Resident Status
As you know my daughter went to uni in Canada...she had a GC at the time. She came back to the U.S. every month or so, for the summer and Christmas hols...drove a US licensed and insured car, US bank and CC accounts. During her last year she was told by an U.S. Immigration Officer that she should have applied for a re-entry permit. This has to be applied for within the US...your daughter cannot apply for it when she is outside the U.S.
Mar 25th 2015, 11:23 pm
#19
American Expat
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Posts: 7,598
Re: Abandonment of Lawful Permanent Resident Status
The reentry permit is for people who will be outside the US for more than 1 year, but less than 2. Border guards will often tell someone who may have abandoned or never established residence to get a reentry permit. That's kind of, but not total nonsense. Although having an RP gives the impression that the person is trying to work within the system, having one is legally irrelevant unless the person is out more than one year at a time. A reentry permit does not actually prevent someone from being placed into removal proceedings for abandonment.
It's sort of like telling someone who is VWP eligible that they should get a visa. An LPR who resides in the US, but is studying abroad who comes back to the US each year doesn't need a reentry permit. Of course it may be good to have one if there is any chance that something could prevent them from making the trip.
It's sort of like telling someone who is VWP eligible that they should get a visa. An LPR who resides in the US, but is studying abroad who comes back to the US each year doesn't need a reentry permit. Of course it may be good to have one if there is any chance that something could prevent them from making the trip.
Mar 26th 2015, 5:05 am
#20
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Re: Abandonment of Lawful Permanent Resident Status
The reentry permit is for people who will be outside the US for more than 1 year, but less than 2. Border guards will often tell someone who may have abandoned or never established residence to get a reentry permit. That's kind of, but not total nonsense. Although having an RP gives the impression that the person is trying to work within the system, having one is legally irrelevant unless the person is out more than one year at a time. A reentry permit does not actually prevent someone from being placed into removal proceedings for abandonment.
It's sort of like telling someone who is VWP eligible that they should get a visa. An LPR who resides in the US, but is studying abroad who comes back to the US each year doesn't need a reentry permit. Of course it may be good to have one if there is any chance that something could prevent them from making the trip.
It's sort of like telling someone who is VWP eligible that they should get a visa. An LPR who resides in the US, but is studying abroad who comes back to the US each year doesn't need a reentry permit. Of course it may be good to have one if there is any chance that something could prevent them from making the trip.
Need to get it sorted before our next trip in June.
Mar 26th 2015, 5:36 am
#21
American Expat
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Posts: 7,598
Re: Abandonment of Lawful Permanent Resident Status
I wouldn't be too alarmed. She should travel with proof of US residence, tax info, and not complete an I-407 if asked, cajoled or coerced. If told of the possibility of an NTA, she should respectfully advise them that she is only temporarily away from her US residence to study and will prove that to the immigration judge if required to do so. It's likely that an adult would become involved prior to an NTA being issued.
Mar 26th 2015, 6:33 am
#22
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Re: Abandonment of Lawful Permanent Resident Status
I wouldn't be too alarmed. She should travel with proof of US residence, tax info, and not complete an I-407 if asked, cajoled or coerced. If told of the possibility of an NTA, she should respectfully advise them that she is only temporarily away from her US residence to study and will prove that to the immigration judge if required to do so. It's likely that an adult would become involved prior to an NTA being issued.
Apr 11th 2015, 4:49 am
#23
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Re: Abandonment of Lawful Permanent Resident Status
This is the stamp in her passport. We think it says "Out 7 mos advised ...". Don't know what the last three letters are. The officer dos not do anything with the reentry permit. He told her it was "One time only".
Just wondering if anyone knows what the missing letters (or numbers) mean?
Just wondering if anyone knows what the missing letters (or numbers) mean?
Last edited by Sally Redux; Apr 11th 2015 at 4:54 am.
Apr 11th 2015, 5:52 am
#24
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Abandonment of Lawful Permanent Resident Status
This is the stamp in her passport. We think it says "Out 7 mos advised ...". Don't know what the last three letters are. The officer dos not do anything with the reentry permit. He told her it was "One time only".
Just wondering if anyone knows what the missing letters (or numbers) mean?
Attachment 121367
Just wondering if anyone knows what the missing letters (or numbers) mean?
Attachment 121367
Last edited by crg; Apr 11th 2015 at 6:02 am.
Apr 11th 2015, 6:24 am
#25
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Re: Abandonment of Lawful Permanent Resident Status
Looks like "advised 407". It may attract attention, but it's not binding on anyone. The "one time only" isn't binding either. However, she needs to be temporarily away from her US residence on each trip abroad and expect to have the question come up again. An immigration judge would have the final decision if it comes to that as long as she doesn't sign it away with the 407. I'd be surprised if she was placed into removal proceedings being away at school, her age and other factors. There are more aggregious cases that are not.
So she should be fully prepared for a grilling next time.
