how do i enter the us
#1
how do i enter the us
so last year was sent my green card and found that they had my date of birth wrong on it. I rang them and sent it back to them, This was while i was still there, this was my holiday and also to activate my visa.
I came back to England knowing i got 1 year before i make the permanent move.
I have been sent appointments from tampa to do the biometrics again but i said i was not back till Sept, they said this was fine but i had to put it in a letter, which i did.
When i go in September do i go in as a visitor or as a resident and would they stop me at customs again to do the biometrics there again.
I will be applying for an esta just incase.
Many thanks in advance
I came back to England knowing i got 1 year before i make the permanent move.
I have been sent appointments from tampa to do the biometrics again but i said i was not back till Sept, they said this was fine but i had to put it in a letter, which i did.
When i go in September do i go in as a visitor or as a resident and would they stop me at customs again to do the biometrics there again.
I will be applying for an esta just incase.
Many thanks in advance
#2
Re: how do i enter the us
I came back to England knowing i got 1 year before i make the permanent move.
When i go in September do i go in as a visitor or as a resident
and would they stop me at customs again to do the biometrics there again.
I will be applying for an esta just incase.
Depending on how long you've been outside the USA, you can expect to be taken to secondary at the POE and given a stern lecture, or you could be told you abandoned your PR status and that you need to visit an Immigration Judge to plead your case.
I take it your replacement green card has not shown up in the mail at your US address yet? (Edit to add: I realize this sentence makes no sense now, because USCIS is waiting for the biometrics to be done before they can start working on the replacement card).
Rene
Last edited by Noorah101; Mar 30th 2012 at 9:35 pm.
#3
Just Joined
Joined: Jun 2011
Location: Ilford Essex
Posts: 24
Re: how do i enter the us
Thanks for the reply,
The IV issue date was 4th May 2011 and the IV expire date 3rd Nov 2011, At the bottom it states "Upon endorsement serves as a temp I-551 evidencing pernament residence for 1 year" Thats what it says on my passport. The customs officer said we had a year from the date we left the US to renter. We needed the year to wrap everything up.
I rang ASC about appointments i received and told them i was in the UK and explained why, they just said put it in a letter and return it to them and as long as i am back within the year i'm fine.
In total we would be out ofg the US for approx 11 months from the date we left which was Sep 2011.
The IV issue date was 4th May 2011 and the IV expire date 3rd Nov 2011, At the bottom it states "Upon endorsement serves as a temp I-551 evidencing pernament residence for 1 year" Thats what it says on my passport. The customs officer said we had a year from the date we left the US to renter. We needed the year to wrap everything up.
I rang ASC about appointments i received and told them i was in the UK and explained why, they just said put it in a letter and return it to them and as long as i am back within the year i'm fine.
In total we would be out ofg the US for approx 11 months from the date we left which was Sep 2011.
#4
Re: how do i enter the us
Thanks for the reply,
The IV issue date was 4th May 2011 and the IV expire date 3rd Nov 2011, At the bottom it states "Upon endorsement serves as a temp I-551 evidencing pernament residence for 1 year" Thats what it says on my passport. The customs officer said we had a year from the date we left the US to renter. We needed the year to wrap everything up.
I rang ASC about appointments i received and told them i was in the UK and explained why, they just said put it in a letter and return it to them and as long as i am back within the year i'm fine.
In total we would be out ofg the US for approx 11 months from the date we left which was Sep 2011.
The IV issue date was 4th May 2011 and the IV expire date 3rd Nov 2011, At the bottom it states "Upon endorsement serves as a temp I-551 evidencing pernament residence for 1 year" Thats what it says on my passport. The customs officer said we had a year from the date we left the US to renter. We needed the year to wrap everything up.
I rang ASC about appointments i received and told them i was in the UK and explained why, they just said put it in a letter and return it to them and as long as i am back within the year i'm fine.
In total we would be out ofg the US for approx 11 months from the date we left which was Sep 2011.
The IV issue and expire date has no relevence anymore...the visa has been used, and you are now a US PR.
Being outside the USA for 11 months is REALLY pushing it. But wait a minute...it's now only March 2012. If you left the USA in September 2011, you've only been outside the USA for 6 months, not 11. My advice is that you should return to the USA ASAP and attend your biometrics appointment. That way, you're spending less time away from the USA, and you can get the ball rolling on your replacement green card. They are waiting for you to do biometrics before issuing the replacement.
What ties are you maintaining in the USA while you are away?
Let's say you stay outside the USA all 11 months. Then you return to the USA and it takes a couple of weeks to do your biometrics appointment. Then it takes 6+ months to get your replacement green card. In the meantime, you've turned in your incorrect green card, and your temp stamp in your passport has also expired. You won't have any proof of your PR status. You'll have to make an InfoPass appointment to go in person to get another stamp in your passport.
What needed to be done in the UK for 11 more months, that couldn't be done from the USA? Sounds like you weren't really ready to immigrate back in May 2011 when you got your Immigrant Visa.
You say "we". Who is "we"? If one of you were remaining in the USA while the other one goes back to the UK to tie up loose ends, that would be better than having both of you visiting back in the UK for such a long period of time.
Rene
#5
Re: how do i enter the us
Hope you've filed your US taxes to the IRS...gotta a couple weeks left to do it if you haven't.
#6
Re: how do i enter the us
Do you know what forms i need and also i have no ss card does that matter,when i went for my ss card they said you had to be in the country for 2 weeks i think, which we were not.
#7
Re: how do i enter the us
It doesn't sound like you are maintaining any ties to the USA at all. Are you?
All people with US PR status (such as you have) are required to file a US tax return each year, and must report worldwide income. You have until April 17 to get it mailed in to IRS, or ask for an extension to filing.
www.irs.gov.
Regarding your SS card, did you tick the box on the Immigrant Visa application form which says you want a SSN? If so, it should have automatically come in the mail to your US address within a few weeks after your arrival in the USA. If you did not, then it's true that you should wait until about 10 days after your arrival before going to apply in person.
So let me get this right...
1. You entered the USA on an Immigrant Visa in September 2011
2. You spent less than 2 weeks in the USA
3. You returned to the UK in September 2011
4. You've been back in the UK continuously since September 2011
5. You did not get any State ID, Drivers License, or SSN in the USA
6. Your plastic green card came in the mail in less than 2 weeks after you entered the USA using your Immigrant Visa...it was incorrect so you sent it back and applied for a replacement, but didn't stay in the USA long enough to do biometrics, so nothing will get done on that case until you return to the USA and have your biometrics done
7. You plan to continue to stay outside the USA until August 2012 (making it a total of 11 months outside the directly after a less-than-2-week stay after your arrival on the Immigrant Visa.
You are treading on very thin ice.
Rene
All people with US PR status (such as you have) are required to file a US tax return each year, and must report worldwide income. You have until April 17 to get it mailed in to IRS, or ask for an extension to filing.
www.irs.gov.
Regarding your SS card, did you tick the box on the Immigrant Visa application form which says you want a SSN? If so, it should have automatically come in the mail to your US address within a few weeks after your arrival in the USA. If you did not, then it's true that you should wait until about 10 days after your arrival before going to apply in person.
So let me get this right...
1. You entered the USA on an Immigrant Visa in September 2011
2. You spent less than 2 weeks in the USA
3. You returned to the UK in September 2011
4. You've been back in the UK continuously since September 2011
5. You did not get any State ID, Drivers License, or SSN in the USA
6. Your plastic green card came in the mail in less than 2 weeks after you entered the USA using your Immigrant Visa...it was incorrect so you sent it back and applied for a replacement, but didn't stay in the USA long enough to do biometrics, so nothing will get done on that case until you return to the USA and have your biometrics done
7. You plan to continue to stay outside the USA until August 2012 (making it a total of 11 months outside the directly after a less-than-2-week stay after your arrival on the Immigrant Visa.
You are treading on very thin ice.
Rene
#8
Re: how do i enter the us
Kittenheels and tipex....are you the same person, or are you related somehow? It sounds like the same poster using 2 usernames.
What ties are you maintaining back in the USA, which is now your permanent home? Can you prove to the POE officer that your stay abroad was meant to be temporary?
Rene
What ties are you maintaining back in the USA, which is now your permanent home? Can you prove to the POE officer that your stay abroad was meant to be temporary?
Rene
#9
Re: how do i enter the us
Kittenheels and tipex....are you the same person, or are you related somehow? It sounds like the same poster using 2 usernames.
What ties are you maintaining back in the USA, which is now your permanent home? Can you prove to the POE officer that your stay abroad was meant to be temporary?
Rene
What ties are you maintaining back in the USA, which is now your permanent home? Can you prove to the POE officer that your stay abroad was meant to be temporary?
Rene
No , cant prove nothing except told by the poe officer there was nothing to worry about so long as i was back within a year and also from asc in Tampa.
We were also told that if we needed more time we just had to fill out a form and this could be extended to 2 years.
#10
Re: how do i enter the us
just read on immehelp that upto a year you are alright but may get stopped and asked about why it took a year. Over a year yo need a re entry permit and that's ok for upto 2 years.
#11
BE Enthusiast
Joined: Jan 2012
Location: Lexington, KY
Posts: 674
Re: how do i enter the us
I haven't read up on the rules of abandoning status but I don't think there's an exact cut-off of 'X amount of time is fine and Y is too much'. More, the officer at the PoE must ask themselves 'has this person maintained their US residence?'. Time spent out of the country is one important factor in determining this, but it is not the only one.
EDIT: Although the PoE officer does not have the power to determine that. You would appear before an immigration judge before the final decision is made, if there is a problem at all.
Regards,
James
EDIT: Although the PoE officer does not have the power to determine that. You would appear before an immigration judge before the final decision is made, if there is a problem at all.
Regards,
James
#12
Re: how do i enter the us
Others are making it sound way too easy to do what you are planning to do. It is not as simple as you are thinking. For example, "if we needed more time we just had to fill out a form and this could be extended to 2 years". That form must be filed from inside the USA, you have to be in the USA for the biometrics associated with that form, and it only *helps* if you need to temporarily stay outside the USA for up to two years...it does not prevent abandonment of PR status altogether. You still must maintain your ties to the USA. You still must prove your stay abroad is temporary.
But, the answer to your original question on this thread is still....you are a US PR, not a tourist, so you will enter using the 1-year PR stamp in your passport.
Thank you for the clarification of usernames, too. Two usernames are not allowed, so thank you for explaining that you are two different people.
Rene
#13
Re: how do i enter the us
You were living there, that was the whole point of using the visa to enter the US to get the Greencard.
The UK was just a visit.
You might want to spend time having a consult with a US immigration lawyer to go over things for you, so that you understand your circumstances and the potentials for abandonment issues that may or may not be a problem.
#15
Re: how do i enter the us
That stamp is not valid for one year from the date you leave the US, it is valid for one year from the date you first arrived and the stamp put in your passport.