Green Card Status Advice

[Dakhar]

OK folks, here is the deal.

Immigration has the authority to prevent a person thay has a green card, that has been outside of the US beyond a year, from intering into the US.

I have been told by an immigration lawyer, that immigration can actually stop someone from intering after 6 months abroad. So in other words, it is not set in stone.

Here is our delima. The wife lived in the US for about 7 years. There are about 3 levels of green card status.... lets say, "silver,gold and platnium." Well she is platnuim.... I took a job that required me to move to Thailand. We filed for "naturalization" but were not able to complete intire process, due to the fact my employer's needed me. We moved to Thailand, and have been here now for 9 months. We plan on going back to America in April (despite the fact bush will still be in office)

We have a son, he was born in the states, and he shall be travelling with us.

So the question is, will immigration hold us???? Do you think they will just look over the facts and let us through?

If not, she will hop on a plane and head back... me I have to go on and take care of business within the US

Thanks

[autonomous_unit]

My friend (British) had this situation after he went on about a year's wandering around the globe (think delayed gap year). On his next entry, they asked him some of those hot-seat questions and basically said if he left the US again he was jeapordizing his status. I believe he said that he went to a US embassy after his next exit (a few weeks later, as per his continuing around the globe itinerary demanded) and did whatever it is one does to surrender the green card.

The next time through the US on his British passport, he said they couldn't be happier to see him. Almost like, oh you chose to give it up! Alright then, you must not be some sneaky dishonest guy... welcome to the USA and please enjoy your visit.

I am certainly no lawyer, but if you know you have moved to Thailand permanently, maybe you should just consider contacting the embassy and abandoning the green card? Holding it until it gets canceled will probably not help you regain it later, versus giving it up voluntarily with your change of living circumstances...

[JacksonGlurk]

....I have been told by an immigration lawyer, that immigration can actually stop someone from intering after 6 months abroad. So in other words, it is not set in stone....

Yes, it's all very vague. We recently entered the US after my wife had been out of the country for about eight months. The immigration officer told us she was supposed to have a reentry permit after six months and that, the next time she was gone more than six months without one, she would be denied entry.

At his instruction, we went to Immigration to apply for a reentry permit for my wife before we left the US the next time. I told them we were going to be away about eight months and they refused to issue a renetry permit unless we submitted an affidavit saying that we would be out of the US for over a year. They even gave me a copy of the application which clearly says on it that no reentry permit is required unless the green card holder is absent from the US for over a year. You can find that application online along with that insturction. Now we carry a copy of the application and instructions along with my wife's passport. I don't know if it will help should the subject come up again, but.....

Edited February 14, 2007 by JacksonGlurk

[Dakhar]

What held up the process is immigration has now transferred the task of finger printing to some independent agency.

So we have all the papers submitted, the fees paid, but no finger prints. The FP agency gave us a 2 day notice (after we were already in Th) of an apt. for finger printing. Well we wrote them back, and called them explaining to them we need more of a notice than 2 days. At least 2 weeks would be reasonable for us. No go, no help no cares. TOOO BAAD so sad type attitude.

So we have tried, but to no avail. You can not have the finger prints taken here either. It has to be the "special" agency.

Crazy, before 9-11 you could have FP taken down at some po-dunk police station.... bring your own ink kind of atmoshpere.

Any how, thanks for your suggestion, and if there are any more, I appreciate them.

PS, if you knew how much it costs to get a green card, and the effort.... you would not just want to toss it. Although I do see your point.

Edited February 14, 2007 by Dakhar