Resident Alien absence
Do the INS knows how long a Greencard holder is out of the US?
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Re: Resident Alien absence
Originally Posted by neutron
Do the INS knows how long a Greencard holder is out of the US?
Generally post 9/11, yes. The airlines transmit manifests to big brother. |
Re: Resident Alien absence
Originally Posted by fatbrit
Generally post 9/11, yes. The airlines transmit manifests to big brother.
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Re: Resident Alien absence
Originally Posted by neutron
how does that indicate how long you've been away?
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Re: Resident Alien absence
Originally Posted by neutron
how does that indicate how long yoou've been away?
Instead of playing games,though, why don't we try and help you out. How long have you been away? Why did you leave? and What are you hoping to accomplish? |
Re: Resident Alien absence
Originally Posted by Rushman
By the extremely complicated process of them looking at the date you left and looking at the date you arrived and counting the days inbetween. Very technical stuff. :rolleyes:
Helpul advice would be greatly appreciated. |
Re: Resident Alien absence
Originally Posted by neutron
They won't have a record of when I left and there's nothing new about manifest info being sent, it's just being sent earlier. Usual practice is for immigration to ASK "how long have you been out" and it's quite common for ome people who have overstayed their entitlemnet to be slightly economical with the truth. I've been back in the UK for 15 months for medical reasons - retired and unable to afford US insurance rates - and would like to return.
Helpul advice would be greatly appreciated. Reading the immigration forums, I often find that people commit some faux pas with the almighty USCIS. They then proceed to lie about it. What comes back to haunt them is not the original faux pas (which could have been admitted and forgiven) -- but rather the lie that came after it. There is a mechanism whereby you can apply for a "re-entry permit" at the consulate. Provided you can show you did not intend to abandon your residency (and from what you have said so far I believe you have a good case), they will issue it. However, you need a consultation with an experienced US immigration attorney before you do anything. The only negative I can think of if they issue the re-entry whatsit is that you will have reset the clock on any naturalization plans you have. |
Re: Resident Alien absence
Originally Posted by neutron
They won't have a record of when I left and there's nothing new about manifest info being sent, it's just being sent earlier. Usual practice is for immigration to ASK "how long have you been out" and it's quite common for ome people who have overstayed their entitlemnet to be slightly economical with the truth. I've been back in the UK for 15 months for medical reasons - retired and unable to afford US insurance rates - and would like to return.
Helpul advice would be greatly appreciated. I cant tell you if you are legally allowed back stateside, someone else will do that, I will just tell you that they will know when you left once they start checking up on you so whatever you do don't tell them any porkies.. |
Re: Resident Alien absence
Originally Posted by neutron
They won't have a record of when I left and there's nothing new about manifest info being sent, it's just being sent earlier. Usual practice is for immigration to ASK "how long have you been out" and it's quite common for some people who have overstayed their entitlemnet to be slightly economical with the truth. I've been back in the UK for 15 months for medical reasons - retired and unable to afford US insurance rates - and would like to return.
Helpul advice would be greatly appreciated. I hope you've been filing US taxes whilst you've been abroad. You've been out of the US for at least one tax year. If you plan on maintaining residency or naturalizing, you'll have to show proof that you filed US taxes. NC Penguin |
Re: Resident Alien absence
Originally Posted by NC Penguin
I just want to throw in a comment...
I hope you've been filing US taxes whilst you've been abroad. You've been out of the US for at least one tax year. If you plan on maintaining residency or naturalizing, you'll have to show proof that you filed US taxes. NC Penguin |
Re: Resident Alien absence
Originally Posted by fatbrit
There is a mechanism whereby you can apply for a "re-entry permit" at the consulate. Provided you can show you did not intend to abandon your residency (and from what you have said so far I believe you have a good case), they will issue it. However, you need a consultation with an experienced US immigration attorney before you do anything.
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Re: Resident Alien absence
Originally Posted by Bob
I thought you had to file for that before you left....so I think it's a returning resident visa, SB-1...google will throw up a lot about it, but a lawyer is probably the way to go...
Yep -- he'll actually have to "re-apply" for an immigrant visa. "An LPR or CR who has remained outside the United States for longer than twelve months, or beyond the validity period of a re-entry permit, will require a new immigrant visa to reenter the United States and resume permanent residence. A provision exists under U.S. visa law for the issuance of special immigrant status as a returning resident to an alien who has remained outside the United States due to circumstances beyond his/her control. While being granted returning resident status eliminates the requirement that an immigrant visa petition be filed on the individual’s behalf with the USCIS, the applicant is required to establish his/her eligibility for an immigrant visa, attend a medical and pay a new set of visa processing fees of $380 and medical fees. " Source: http://london.usembassy.gov/cons_new...urningres.html As you say, he needs an attorney! |
Re: Resident Alien absence
Basically, they probably will know when you left. However, if you want to be "Economical with the truth" bearing in mind what FB quoted above, go for it. It'll either work or it won't. You'll either get back in, or you'll get turned back and never be allowed in.
So you've got 3 choices - 1 - Try it on, 2. Get a lawyer 3. Get another entry visa (Which is what you technically should do). Up to you. |
Re: Resident Alien absence
Originally Posted by neutron
They won't have a record of when I left and there's nothing new about manifest info being sent, it's just being sent earlier. Usual practice is for immigration to ASK "how long have you been out" and it's quite common for some people who have overstayed their entitlemnet to be slightly economical with the truth. I've been back in the UK for 15 months for medical reasons - retired and unable to afford US insurance rates - and would like to return.
Helpul advice would be greatly appreciated. NC Penguin |
Re: Resident Alien absence
Originally Posted by Rushman
.so unless you are Icarus...
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