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The business of entry and departure

The business of entry and departure

Old Jun 24th 2010, 12:53 pm
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Default The business of entry and departure

My wife and I travel in and out of the US several times each year on business. Many posts deal with arrival and departures. To my knowledge there is no record of departure only entry to the US. If I am correct the TSA only knows how long you stayed outside of the US by the last entry made in the passport from a country other than the US. Furthermore should a green card holder obtain a new passport while out of the US there would not be a record of the last departure in that case TSA weould only go by what the answer to the question "how long have you been outside of the US" maybe I'm wrong here if so please enlighten me.
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Old Jun 24th 2010, 12:57 pm
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Default Re: The business of entry and departure

I am not sure on this. At my POE I was asked when my flight was due back so perhaps they make a note of it on their system and match it to when you surrender the VWP slip.

Thinking about it, they must log arrival and departure. In my example, I arrived in the US April and left June, if entry was only recorded then I could easily go back now because its been months since my original arrival, but I'd be denied for sure as in reality I've only been out of the US for approx 3 weeks

Last edited by maidenbeast; Jun 24th 2010 at 1:11 pm. Reason: extra ideas
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Old Jun 24th 2010, 1:29 pm
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Default Re: The business of entry and departure

Originally Posted by pmike123
To my knowledge there is no record of departure only entry to the US.
Except for the I-94/I-94W that is supposed to be removed from your passport by airline personnel when you leave. If the I-94/I-94W is not removed, you should mail the form to CBP in Kentucky.


If I am correct the TSA only knows how long you stayed outside of the US by the last entry made in the passport from a country other than the US.
Why would TSA even care? They're charged with airport/airline security... not passenger monitoring! Perhaps you mean CBP - Customs and Border Protection. At any rate, passenger lists are routinely forwarded so that, in the case of an incident, they'll know if you were on an outbound flight.


I'm wrong here if so please enlighten me.
Consider yourself enlightened!

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Old Jun 24th 2010, 9:52 pm
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Default Re: The business of entry and departure

Originally Posted by pmike123
If I am correct the TSA only knows how long you stayed outside of the US by the last entry made in the passport from a country other than the US.
Because the USA's departure control is somewhat more lax than it's arrival control, border guards might NOT know how long a permanent resident has been outside the USA. I'm still guessing that border guards will know of any departure by air.

This is not quite as murky for those departing nonimmigrants who have to turn in an I-94. A nonimmigrant should not assume that border guards don't know the date of the last departure.

Originally Posted by pmike123
Furthermore should a green card holder obtain a new passport while out of the US there would not be a record of the last departure in that case TSA weould only go by what the answer to the question "how long have you been outside of the US" maybe I'm wrong here if so please enlighten me.
If the thrust here is whether it is OK or even prudent to misrepresent the answer to this question, permit me to enlighten you by saying, "don't do it." Most especially if you are a legal permanent resident; the price for making a material misrepresentation could be higher than you'd be willing to pay.

Don't forget, the coding on ppts, visas, and green cards now results in the "swiping" of such documents not only at entry but also when checking in for flights. I would not be too sanguine about assuming that the authorities do not know your departure date.

Finally, because the I-94W is being phased out for VWP entrants, one has to ask one's self the question: HOW WILL THEY KNOW WHEN THE VWP ALIEN HAS LEFT for the purposes of calculating overstay? After all, if *I* as a lowly immigration attorney can think of at least two ways that might avoid alerting border guards to your departure, I am sure that the authorities must have considered a dozen others. I am not fool enough to think that the immigration authorities will simply take it on faith, and you shouldn't be either.
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