C. H.

Hi all,

I have a question for my uncle who has a valid green card but hasn't
entered the U.S. since May 2002. He thought he would come back to the
U.S. before May 2003, so he didn't apply for Reentry Permit before he
left. Unfortunately, due to SARS outbreak last spring, he could not
make the trip before the one-year overseas stay limit, and ever since
then he was pretty busy so as not able to make any travel plan either.
He'll attend a conference in Vancouver three weeks later and plan to
rent a car to drive across the border since he tought immigration
inspections there might not be as though as in the airport...

His questions are:

1. Will his green card be cancelled right away (or later) as soon as
the immigration officer, either at the border or in the airport,
enters his A# on and finds he has overstayed overseas over 1 year?

2. Anything he could file before entering the U.S. to avoid his GC
being cancelled?

3. Is entering from land border a possible option to him at all?

Thanks in advance for your comments!!


Best regards,
C.H.

Michael E. Piston

1. Just because he has remained outside the U.S. for over a year does
not necessarily mean that your uncle has abandoned his residence.
When he applies for admission to the U.S. you uncle will have the
opportunity to make whatever argument or present whatever evidence he
has that he did not intend to abandon his residence. If the Customs
and Border Protection (CBP) officer is unpersuaded he will probably
attempt to persuade your uncle to voluntarily admit that he has
abandoned his residence by signing form I-407. However, if your uncle
insists that he didn't abandon, then the officer is supposed to lift
your uncle's expired I-551 and issue him a new temporary one, together
with a notice to appear before an immigration judge, and permit your
uncle to enter the U.S. pending that hearing. He may seize your
uncle's passport as well.

2. Your uncle is supposed to apply for an immigrant visa at a U.S.
consulate as a returning resident. However, if he does so, and the
consulate believes that he has abandoned his residence, the consulate
may seize his permanent resident card, so that your uncle will be
unable to get onto a plane to fly to the U.S.

3. Yes, he may apply to enter through a land border.

Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 206/770-6350

The statements above have not been confirmed by legal research, and
are not intended as legal advice nor to create an attorney-client
relationship.SEND ANY FOLLOW-UP QUESTIONS DIRECTLY TO
. DO NOT POST FOLLOW-UPS TO THE NEWSGROUP.




(C. H.) wrote in message news:<>...
    > Hi all,
    >
    > I have a question for my uncle who has a valid green card but hasn't
    > entered the U.S. since May 2002. He thought he would come back to the
    > U.S. before May 2003, so he didn't apply for Reentry Permit before he
    > left. Unfortunately, due to SARS outbreak last spring, he could not
    > make the trip before the one-year overseas stay limit, and ever since
    > then he was pretty busy so as not able to make any travel plan either.
    > He'll attend a conference in Vancouver three weeks later and plan to
    > rent a car to drive across the border since he tought immigration
    > inspections there might not be as though as in the airport...
    >
    > His questions are:
    >
    > 1. Will his green card be cancelled right away (or later) as soon as
    > the immigration officer, either at the border or in the airport,
    > enters his A# on and finds he has overstayed overseas over 1 year?
    >
    > 2. Anything he could file before entering the U.S. to avoid his GC
    > being cancelled?
    >
    > 3. Is entering from land border a possible option to him at all?
    >
    > Thanks in advance for your comments!!
    >
    >
    > Best regards,
    > C.H.

Supernav

Any legal entry is possible. However, if your uncle is smart, he'll
pick the best method of entry which can lower the chances of a "How long
were you out?" question being asked.



The fact he ain't flying in is already a much better option for him.



-= nav =-

C. H.

Thanks Michael & NAV,

Seems to me that as long as my uncle isn't "caught" or challenged on
the spot, he'll possibly be fine. Correct me if my understanding is
wrong...

Would his GC still be revoked later once he is found to have
previously stayed abroad for more than 1 year w/o properly applying
for Reentry Permit?

How does the land border inspection normally work? As a LPR will my
uncle just need to present his GC and passport and CBP officers can
simply let him go? Will he still receive an I-94 card w/ stamp on it?


Best regards,
C.H.

Ingo Pakleppa - See Web Site For Email

On Sat, 10 Jan 2004 15:31:00 -0800, C. H. wrote:

    > Thanks Michael & NAV,
    >
    > Seems to me that as long as my uncle isn't "caught" or challenged on
    > the spot, he'll possibly be fine. Correct me if my understanding is
    > wrong...
    >
    > Would his GC still be revoked later once he is found to have
    > previously stayed abroad for more than 1 year w/o properly applying
    > for Reentry Permit?

No. As Michael explained, it is not automatic that he loses the GC after
one year.

    > How does the land border inspection normally work?

If he is lucky, he will be waved through. Even some nonimmigrants from
other countries recently reported in this group that they were waved
through (in their case, that is a bit of problem because they didn't get
the I-94, but in your uncle's case, that would be OK).

Once waved through, your uncle would be considered admitted again. He
should reestablish his US residence at this point.

    > As a LPR will my
    > uncle just need to present his GC and passport and CBP officers can
    > simply let him go?

Yes. Often, they may not even ask for that. I have not crossed the
Canadian border recently, so my experience may be a bit outdated, but it
is entirely possible that the officer will ask for his citizenship. Your
uncle would then say, if he is, for instance, from Iceland, "Icelandic. I
have a Green Card". It is entirely possible that the officer wouldn't even
ask anything else. It is also possible that the officer would direct your
uncle to park the car and get into the office. Still not a big deal as
long as he can establish that he really did not mean to give up his US
residency.

Once he arrived in the US, your uncle should *not* leave the country again
for at least a couple of months, and reestablish his home in the USA.

One more thing: when renting a car in Canada, make sure he rents one with
US plates. I believe US residents are not allowed to enter the US with
foreign plates, and in any case, a car with Canadian plates would invite
more questions.

    > Will he still receive an I-94 card w/ stamp on it?

No. Green Card holders do not receive I-94s.

Supernav

    >I believe US residents are not allowed to enter the US with

    >foreign plates,



Incorrect. You can and vice versa. I've crossed that border a billion
times by car.



-= nav =-

Hank D.

supernav <member16283@british_expats.com> wrote in message news:<>...
    > >I believe US residents are not allowed to enter the US with
    >
    > >foreign plates,
    >
    >
    >
    > Incorrect. You can and vice versa. I've crossed that border a billion
    > times by car.
    >
    >
    >
    > -= nav =-

As a U.S. citizen or LPR driving a car with foreign plates into the
States? Any hassles from U.S. Customs? I've heard of Americans who
were sent back to Canada if they tried to cross the border driving a
car with Canadian plates (other than rentals).

Hank

Crg14624

Once out over a year, he needs a reentry permit. If he's out for more
than two years, then he needs an SB1 visa.

L D Jones

crg14624 wrote:
    >
    > Once out over a year, he needs a reentry permit. If he's out for more
    > than two years, then he needs an SB1 visa.

Aren't both of these applied for via the I-131? What is the difference
between them?

Crg14624

Originally posted by L D Jones

    > crg14624 wrote:

    > >

    > > Once out over a year, he needs a reentry permit. If he's out
    > for more

    > > than two years, then he needs an SB1 visa.


    > Aren't both of these applied for via the I-131? What is the difference

    > between them?



An SB-1 returning resident visa is applied for at the consulate
overseas through the state department. It looks just like an immigrant
visa packet.