away from US 3 years want to go back!
Jun 2nd 2011, 12:49 pm
#31
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Joined: Apr 2001
Posts: 46,393
Re: away from US 3 years want to go back!
I agree with Anne and will quote from Allen Werick's column from yesterday's Daily News column. While it deals with overstays, it is my opinion that it pertains to this scenario as well.
"Since U.S. Immigration authories do not keep track of whether individuals leave when their stay expires, a port-of-entry inspector foten doesn't know that a person overstayed on a previous visit."
When you leave the US you might well show your greencard upon departing the US (don't know why you would since it is your passport that is needed for foreign travel OUT of the US and your greencard needed on entry to the US), the USCIS might not know that he has left but would definitely have a record of when he entered.
Jun 2nd 2011, 2:40 pm
#32
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: away from US 3 years want to go back!
Rene
I agree with Anne and will quote from Allen Werick's column from yesterday's Daily News column. While it deals with overstays, it is my opinion that it pertains to this scenario as well.
"Since U.S. Immigration authories do not keep track of whether individuals leave when their stay expires, a port-of-entry inspector foten doesn't know that a person overstayed on a previous visit."
When you leave the US you might well show your greencard upon departing the US (don't know why you would since it is your passport that is needed for foreign travel OUT of the US and your greencard needed on entry to the US), the USCIS might not know that he has left but would definitely have a record of when he entered.
I agree with Anne and will quote from Allen Werick's column from yesterday's Daily News column. While it deals with overstays, it is my opinion that it pertains to this scenario as well.
"Since U.S. Immigration authories do not keep track of whether individuals leave when their stay expires, a port-of-entry inspector foten doesn't know that a person overstayed on a previous visit."
When you leave the US you might well show your greencard upon departing the US (don't know why you would since it is your passport that is needed for foreign travel OUT of the US and your greencard needed on entry to the US), the USCIS might not know that he has left but would definitely have a record of when he entered.
Rene
Jun 2nd 2011, 4:38 pm
#33
Just Joined
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Joined: Jun 2011
Posts: 18
Re: away from US 3 years want to go back!
Rene
I agree with Anne and will quote from Allen Werick's column from yesterday's Daily News column. While it deals with overstays, it is my opinion that it pertains to this scenario as well.
"Since U.S. Immigration authories do not keep track of whether individuals leave when their stay expires, a port-of-entry inspector foten doesn't know that a person overstayed on a previous visit."
When you leave the US you might well show your greencard upon departing the US (don't know why you would since it is your passport that is needed for foreign travel OUT of the US and your greencard needed on entry to the US), the USCIS might not know that he has left but would definitely have a record of when he entered.
I agree with Anne and will quote from Allen Werick's column from yesterday's Daily News column. While it deals with overstays, it is my opinion that it pertains to this scenario as well.
"Since U.S. Immigration authories do not keep track of whether individuals leave when their stay expires, a port-of-entry inspector foten doesn't know that a person overstayed on a previous visit."
When you leave the US you might well show your greencard upon departing the US (don't know why you would since it is your passport that is needed for foreign travel OUT of the US and your greencard needed on entry to the US), the USCIS might not know that he has left but would definitely have a record of when he entered.
Jun 2nd 2011, 5:10 pm
#34
Lost in BE Cyberspace
Joined: Mar 2010
Location: Phoenix, AZ
Posts: 8,106
Re: away from US 3 years want to go back!
Passenger data automatically transmitted to immigration
Visa Waiver Program Entry-Exit System since 2002
Last edited by sir_eccles; Jun 2nd 2011 at 5:33 pm. Reason: Added links
Jun 2nd 2011, 5:17 pm
#35
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: away from US 3 years want to go back!
Rene
Jun 2nd 2011, 6:10 pm
#36
Concierge
Joined: Apr 2001
Posts: 46,393
Re: away from US 3 years want to go back!
Will they know that you have not returned to the US in three years. Most likely they will. Did the airline swipe your greencard when you left the US? If so, then they will know at the POE when it is swipe at re-entry that it is has been three years since you left.
You can only come back to the US and wait to see what happens at the POE. If you have valid reason for being outside of the US for such a length of time, then you should have no problem with getting a returning resident permit from the US Consulate. That is not a guarantee but it does up things in our favor.
SPEND THE MONEY AND CONSULT WITH AN IMMIGRATION ATTORNEY WELL VERSED IN ABANDONMENT ISSUES.
Jun 2nd 2011, 7:29 pm
#37
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Joined: Jun 2011
Posts: 18
Re: away from US 3 years want to go back!
I know what one attorney wrote. Is it gospel? I don't believe so.
Will they know that you have not returned to the US in three years. Most likely they will. Did the airline swipe your greencard when you left the US? If so, then they will know at the POE when it is swipe at re-entry that it is has been three years since you left.
You can only come back to the US and wait to see what happens at the POE. If you have valid reason for being outside of the US for such a length of time, then you should have no problem with getting a returning resident permit from the US Consulate. That is not a guarantee but it does up things in our favor.
SPEND THE MONEY AND CONSULT WITH AN IMMIGRATION ATTORNEY WELL VERSED IN ABANDONMENT ISSUES.
Will they know that you have not returned to the US in three years. Most likely they will. Did the airline swipe your greencard when you left the US? If so, then they will know at the POE when it is swipe at re-entry that it is has been three years since you left.
You can only come back to the US and wait to see what happens at the POE. If you have valid reason for being outside of the US for such a length of time, then you should have no problem with getting a returning resident permit from the US Consulate. That is not a guarantee but it does up things in our favor.
SPEND THE MONEY AND CONSULT WITH AN IMMIGRATION ATTORNEY WELL VERSED IN ABANDONMENT ISSUES.
Jun 2nd 2011, 8:19 pm
#39
Forum Regular
Joined: Aug 2010
Location: Lincoln, UK
Posts: 82
Re: away from US 3 years want to go back!
I have a feeling that no matter what you all say im guessing the op is gonna tell some porkies when he arrives in the US
Jun 3rd 2011, 7:49 pm
#41
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Joined: Jun 2011
Posts: 18
Re: away from US 3 years want to go back!
No but im hopping they will not ask me anything. i red other forums and many people in my situation that were out over 2 years and got trough even they swape the GC.
Jun 4th 2011, 11:35 am
#42
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Joined: Nov 2008
Location: Quebec, Canada
Posts: 976
Re: away from US 3 years want to go back!
It would be in OP's best interest to have at a minimum a one time paid consultation with an immigration attorney experienced with abandonment issues, as has already been suggested in an earlier post.
There is more at stake here than whether the particular CBP officer who inspect OP on his/her return to the US will be aware of when OP last departed the US or not. Should OP at some future time decide to naturalize for example (assuming OP is able to return to the US now in one way or another), the question of time spent outside the US will come up again, and OP will then be under oath when asked about it.
So OP would be well advised in getting his/her ducks in a row now so to speak, as any actions taken or not taken now may very well come back to bite OP in the ass later.
There is more at stake here than whether the particular CBP officer who inspect OP on his/her return to the US will be aware of when OP last departed the US or not. Should OP at some future time decide to naturalize for example (assuming OP is able to return to the US now in one way or another), the question of time spent outside the US will come up again, and OP will then be under oath when asked about it.
So OP would be well advised in getting his/her ducks in a row now so to speak, as any actions taken or not taken now may very well come back to bite OP in the ass later.
Jun 4th 2011, 12:52 pm
#43
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Joined: Jun 2011
Posts: 18
Re: away from US 3 years want to go back!
It would be in OP's best interest to have at a minimum a one time paid consultation with an immigration attorney experienced with abandonment issues, as has already been suggested in an earlier post.
There is more at stake here than whether the particular CBP officer who inspect OP on his/her return to the US will be aware of when OP last departed the US or not. Should OP at some future time decide to naturalize for example (assuming OP is able to return to the US now in one way or another), the question of time spent outside the US will come up again, and OP will then be under oath when asked about it.
So OP would be well advised in getting his/her ducks in a row now so to speak, as any actions taken or not taken now may very well come back to bite OP in the ass later.
There is more at stake here than whether the particular CBP officer who inspect OP on his/her return to the US will be aware of when OP last departed the US or not. Should OP at some future time decide to naturalize for example (assuming OP is able to return to the US now in one way or another), the question of time spent outside the US will come up again, and OP will then be under oath when asked about it.
So OP would be well advised in getting his/her ducks in a row now so to speak, as any actions taken or not taken now may very well come back to bite OP in the ass later.
Jun 4th 2011, 2:17 pm
#44
Forum Regular
Joined: Jan 2011
Location: North Charleston, SC
Posts: 194
Re: away from US 3 years want to go back!
"then i just wait an other 5 years and i think by then the old info will be gone."
No offense, but you sound like you are delusional. If by some strange occurence you are actually let back into the US to live and work and at some point you wish to naturalize, you must list all trips you have made outside of the US that lasted longer than 24 hours. You must list all trips of this nature since you became a permanent resident (so that means when you first received your card). You will have to put down your 3 year absence. I'm reading this information straight off a hard copy of the N-400 that my husband will be filling out soon (he's been eligible for years). According to page 7 of the N-400, "If you knowingly and willfully falsify OR CONCEAL a material fact or submit a false document with this Form N-400, we will deny your Form N-400 and may deny any other immigration benefit. In addition, you WILL FACE SEVERE PENALTIES provided by law and may be subject to criminal prosecution."
No offense, but you sound like you are delusional. If by some strange occurence you are actually let back into the US to live and work and at some point you wish to naturalize, you must list all trips you have made outside of the US that lasted longer than 24 hours. You must list all trips of this nature since you became a permanent resident (so that means when you first received your card). You will have to put down your 3 year absence. I'm reading this information straight off a hard copy of the N-400 that my husband will be filling out soon (he's been eligible for years). According to page 7 of the N-400, "If you knowingly and willfully falsify OR CONCEAL a material fact or submit a false document with this Form N-400, we will deny your Form N-400 and may deny any other immigration benefit. In addition, you WILL FACE SEVERE PENALTIES provided by law and may be subject to criminal prosecution."
Jun 4th 2011, 2:39 pm
#45
Just Joined
Thread Starter
Joined: Jun 2011
Posts: 18
Re: away from US 3 years want to go back!
"then i just wait an other 5 years and i think by then the old info will be gone."
No offense, but you sound like you are delusional. If by some strange occurence you are actually let back into the US to live and work and at some point you wish to naturalize, you must list all trips you have made outside of the US that lasted longer than 24 hours. You must list all trips of this nature since you became a permanent resident (so that means when you first received your card). You will have to put down your 3 year absence. I'm reading this information straight off a hard copy of the N-400 that my husband will be filling out soon (he's been eligible for years). According to page 7 of the N-400, "If you knowingly and willfully falsify OR CONCEAL a material fact or submit a false document with this Form N-400, we will deny your Form N-400 and may deny any other immigration benefit. In addition, you WILL FACE SEVERE PENALTIES provided by law and may be subject to criminal prosecution."
No offense, but you sound like you are delusional. If by some strange occurence you are actually let back into the US to live and work and at some point you wish to naturalize, you must list all trips you have made outside of the US that lasted longer than 24 hours. You must list all trips of this nature since you became a permanent resident (so that means when you first received your card). You will have to put down your 3 year absence. I'm reading this information straight off a hard copy of the N-400 that my husband will be filling out soon (he's been eligible for years). According to page 7 of the N-400, "If you knowingly and willfully falsify OR CONCEAL a material fact or submit a false document with this Form N-400, we will deny your Form N-400 and may deny any other immigration benefit. In addition, you WILL FACE SEVERE PENALTIES provided by law and may be subject to criminal prosecution."