neutron

Do the INS knows how long a Greencard holder is out of the US?

fatbrit

Generally post 9/11, yes. The airlines transmit manifests to big brother.

neutron

how does that indicate how long you've been away?

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.

fatbrit

Well if they can see you caught a plane to elsewhere in Jan 2004 and you claim you came back in Feb 2004 and they don't have a record of that, they may think you're BS-ing them. Also, the fact you haven't made an imprint in the US for a couple of years also shows you've not been here -- e.g. social security payments.

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?

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.

fatbrit

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.

Rushman

As fatbrit said....the airlines send their manifests to big brother..so unless you are Icarus..they know when you left mate. Even if they dont have this information then when you arrive in the US they will have assumed correctly that at some stage you must have left the US.....simple deduction. Then they will be asking YOU when you left the US initially and "Will" check up on that with airline manifests. Trust me, they can and will find out when you left. They may well allow you into the US but will be checking up on things while you are walking through brooklyn thinking you've made it only to be nabbed and slung on a plane back to Blighty.
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..

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

neutron

Yes, I've filed

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...

fatbrit

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!

Dan725

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.

NC Penguin

I'm kinda confused. You say you're unable to afford US health insurance yet you wish to live in the US. Do you plan on returning to the UK every time you need medical treatment? Perhaps the better option would be to live in the UK and get a B-2? (visitor visa) so you can stay in the States for up to 6 months a year.


NC Penguin

Sally

LOL