Thai Wife W/green Card Out 10 Months

[jgm005]

This is not a request for help or information but to let others know of our experience.

My Thai wife has a Green card (USA Permanent Residence). She was out of the USA for a stretch of 10 months (from 08/2008 to re-entry 06/2009). She did not have a Re-Entry Permit. We were keenly aware of the gray area of a Green Card holder being out more then 6 months but less than a year that a USA Immigration office could deny entry.

We arrived at LAX this past Tuesday and we where asked the standard questions, finger prints taken THEN I saw him input her Green Card A # into the computer and scanned screen after screen showing her dates of entry and dates of departure. She has been out, over the time she has had the green card, much more then she has been in (USA). He turned to us and say 'Folks what are you doing, your not meeting the requirements of residency'. As said I knew this; as the only daughter to elderly parents in very ill health (Nongbulampoo Province) she was in Thailand MORE then in the USA. This past trip was suppose to be only four month but the mother when in to hospital for an extended time.

I was directed to get the luggage and she was taken to area Z which is some kind of Admissions Review area. After a wait of two hours she was called in, questioned by an immigration officer who then approached me outside the area asking if I was married to her, how long, was she out any other time longer then 10 months and some other general questions. As he started to return to where she was sitting he casually mentioned 'it'll be all OK'. She was let go and the same office approached me and said she had been out one time before longer then 10 months. That the next time get a Re-entry permit before leaving (a 8 to 12 month wait) or go to the USA Consulate in BKK to get same.

She was let in. I am not excusing our not getting a Re-Entry Permit. Just passing on to anyone interested our experience.

[sbk]

Yes, it is a residence permit, so I can see their point. You can get a extension up to 2 years for being out of the country as long as she is no longer has conditional status on her card.

[losworld]

You are lucky. You'd best not attempt this again or I think she may be back in Thailand. I wouldn't push any buttons with U.S. immigration.

Unless of course you are running across the southern border than no problems.

[capco1]

I was told to apply for an extension based on business and she could stay out 2 years.

[bubba]

A re-entry permit must be applied for while the subject green card holder is in the USA. It cannot be applied for at the USA consulate.

The first or possibly the second re-entry permit will likely be for a two year periods, with subsequent re-entry permits being for one year periods. US immigration have gotten more strict on these, and you must apparently be employed overseas by an American company (with a letter or contract from the company) to get subsequent re-entry permits. There is also a new fingerprinting requirement for re-entry permits. The way it works is like this: first, you must be in the USA to file your petition. Once that is filed, there is a two to three week wait for an appointment to come back for the fingerprinting. And to make things better, there is now an $80 "biometrics fee" for the fingerprints in addition to the $305 fee for the re-entry permit.

The way US immigration have set it up, and as losworld pointed out, you might be better off just coming across the border with the hundreds or thousands of illegal Central Americans that do it every day, rather than playing by the rules and being legal!

There is one other option, however. If you really don't plan on living in the USA again with your green card holder, you can simply surrender the green card and they will automatically be provided with a ten year multiple entry visitor's visa. If your plans change later and they want another green card, you can apply for a new one which would likely be approved, but of course there will be another 12 month wait and fees.

Edited June 20, 2009 by bubba

[ubonjoe]

For info on getting a re-entry permit form I-131 see this webpage. You can download instructions and the form from this page. The instructions have a good deal of info about the time you can be outside the country and etc. If you are still in the states you can also apply for it on line.

http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

[getgoin]

A re-entry permit must be applied for while the subject green card holder is in the USA. It cannot be applied for at the USA consulate.

The first or possibly the second re-entry permit will likely be for a two year periods, with subsequent re-entry permits being for one year periods. US immigration have gotten more strict on these, and you must apparently be employed overseas by an American company (with a letter or contract from the company) to get subsequent re-entry permits. There is also a new fingerprinting requirement for re-entry permits. The way it works is like this: first, you must be in the USA to file your petition. Once that is filed, there is a two to three week wait for an appointment to come back for the fingerprinting. And to make things better, there is now an $80 "biometrics fee" for the fingerprints in addition to the $305 fee for the re-entry permit.

The way US immigration have set it up, and as losworld pointed out, you might be better off just coming across the border with the hundreds or thousands of illegal Central Americans that do it every day, rather than playing by the rules and being legal!

There is one other option, however. If you really don't plan on living in the USA again with your green card holder, you can simply surrender the green card and they will automatically be provided with a ten year multiple entry visitor's visa. If your plans change later and they want another green card, you can apply for a new one which would likely be approved, but of course there will be another 12 month wait and fees.

Sometimes the multiple entry visa is a better way to go particularly if the spouse does not intend to work "on the books." The new green card, residency card, has many restrictions and in some cases is not the right vehicle to gain entry to the US. It is for people who intend to live full time in the US and perhaps, work.

My wife has given up her green card. We have been married for 21 years and have 4 children, all US citizens. They made it a hassle for her, at one point when we were in Thailand they were looking for her to deport her. It is really not worth it. Get a multiple entry 10 year visa. It's much easier.

[jgm005]

We appreciate all the feedback. As said we where letting all know our particular experience. And we where very aware of the 'thin ice' we where on in trying to get her in being out 10 months and a history of more outs then ins.

We are both in the States now and I am looking into filing for a Re-Entry permit (I-131). Just as a point of clarification you can NOT file for same electronically. Least in her case:

Who is Not Eligible to e-File This Form:

You are not eligible to electronically file this form if:

*

You live outside of the United States, Guam, Puerto Rico, or the U.S. Virgin Islands.

*

You are applying for a waiver of the filing fee.

*

You are requesting that your case be expedited.

*

You are inside the United States and are filing for Humanitarian reasons.

*

You are selecting one of the following application types:

1.

I am a permanent resident or conditional resident of the United States and I am applying for a Reentry Permit.

Thank you to all

For info on getting a re-entry permit form I-131 see this webpage. You can download instructions and the form from this page. The instructions have a good deal of info about the time you can be outside the country and etc. If you are still in the states you can also apply for it on line.

http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD