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Immigration Forum / USA Marriage Base / August 2008



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Leaving the country for over 6 months

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NetComrade - 25 Aug 2008 20:40 GMT
Dear group,

I was looking at the following link:
http://www.immihelp.com/greencard/retain-greencard.html

My wife might need to travel for more than 6 months.. the link says
the person must apply for re-admission (it appears when it arrives)

What does this really mean in practice?

Thanks
Joe Feise (Immigration) - 26 Aug 2008 03:15 GMT
NetComrade wrote on 08/25/08 12:40:

> Dear group,
>
[quoted text clipped - 3 lines]
> My wife might need to travel for more than 6 months.. the link says
> the person must apply for re-admission (it appears when it arrives)

> What does this really mean in practice?

It means exactly what it says.
The person shows the GC and by doing so, automatically applies for admission.
A person can only be admitted if none of the grounds of inadmissibility as
listed in INA 212 apply. Essentially, these are the same issues that the
questions on the I-485 cover (communicable disease, public charge, etc. etc.)

For stays abroad for less than 6 months, the person doesn't apply for admission,
and therefore, the grounds of inadmissibility don't apply.

To give you an example: say a person becomes unemployed, and leaves the country
for under 6 months. Such a person should not have problems returning.
However, if the same person stays abroad for over 6 months, the officer at the
POE could get the idea that the person could become a public charge (due to not
having a job and the income that comes with it) and may deny admission. Of
course, this may easily be rebuttable, e.g., if the spouse has a job.
Signature

I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

NetComrade - 26 Aug 2008 19:00 GMT
On Aug 25, 10:15 pm, "Joe Feise (Immigration)" <m...@privacy.net>
wrote:
> NetComrade wrote on 08/25/08 12:40:

> It means exactly what it says.
> The person shows the GC and by doing so, automatically applies for admission.
[quoted text clipped - 4 lines]
> For stays abroad for less than 6 months, the person doesn't apply for admission,
> and therefore, the grounds of inadmissibility don't apply.

How do they know you were out of the country for over 6 months?
Joe Feise (Immigration) - 27 Aug 2008 06:23 GMT
NetComrade wrote on 08/26/08 11:00:

> On Aug 25, 10:15 pm, "Joe Feise (Immigration)" <m...@privacy.net>
> wrote:
[quoted text clipped - 10 lines]
>
> How do they know you were out of the country for over 6 months?

They know...
For example, the airlines are required by law to report their passenger
manifests, i.e., the lists of people who boarded, to DHS.
To give you an example I experienced myself: The officer said "only one week
gone" even before I had told him anything...
So, don't try to lie. It would backfire.
Signature

I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

Capt. Tuttle - 27 Aug 2008 16:54 GMT
Joe Feise (Immigration) brought next idea :
> NetComrade wrote on 08/26/08 11:00:
>
[quoted text clipped - 22 lines]
> gone" even before I had told him anything...
> So, don't try to lie. It would backfire.

Joe hit the nail on the head.
It is called "The Computer age".
 
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