Emergency Trip To Usa For Thai Lady Whose Us Husband Just Died There

[jpinx]

Briefly - Thai lady and USA husband, married in USA about 5 years ago. She was in USA for some time and got the "green card" but came back to far northern Thailand about last February to start building the family house. Tonight she got a message from in-laws in USA that her husband has been found dead in his apartment. She needs to get there quickly with their young daughter of about 5 years. Seats are available on Sundays United Airlines out of Bangkok. What will she need to get through USA immigration? The concern is that she has been back in Thailand for about 9 months. All advice much appreciated as I am not US person and only helping out. Details might change as I have only been able to gather basic information at this point with the unfortunate family being in turmoil.

Edited November 8, 2012 by jpinx

[Thanyaburi Mac]

Sad

She should be OK with a currently valid Green Card. There might (probably will) be some questions to her from the U.S. Immigration guys at Port of Entry as to why she's been out of the U.S. so long, eg, the nine months.

She have a good reason? Taking care of property, business, kids, family?

They'll probably want to know if she has a reason to return to live in the U.S. The "Green Card" is provided to PRAs, "Permanent Resident Aliens," not for persons who find it easier to live in their home countries then when they want to visit the U.S., don't need to bother with a visa.

If she has no intent to return to live in the U.S., they might, just might, pull her Green Card, that's happened to people in the past. Worst case scenario, this.

In any case, I'd bet she'd be allowed to enter the U.S.

She should carry with her some proof of her husbands death. Emails? Something better than just a phone call that she received from the U.S. She should also have onhand one or more phone numbers of persons to call about her husband. A funeral home would be good.

Also take along a copy of her marriage certificate or registration.

More documents the better.

Hope it works out for her, it should, I think.

Mac

[rijb]

The U.S. consulate might help her.

[jpinx]

Sad

She should be OK with a currently valid Green Card. There might (probably will) be some questions to her from the U.S. Immigration guys at Port of Entry as to why she's been out of the U.S. so long, eg, the nine months.

She have a good reason? Taking care of property, business, kids, family?

They'll probably want to know if she has a reason to return to live in the U.S. The "Green Card" is provided to PRAs, "Permanent Resident Aliens," not for persons who find it easier to live in their home countries then when they want to visit the U.S., don't need to bother with a visa.

If she has no intent to return to live in the U.S., they might, just might, pull her Green Card, that's happened to people in the past. Worst case scenario, this.

In any case, I'd bet she'd be allowed to enter the U.S.

She should carry with her some proof of her husbands death. Emails? Something better than just a phone call that she received from the U.S. She should also have onhand one or more phone numbers of persons to call about her husband. A funeral home would be good.

Also take along a copy of her marriage certificate or registration.

More documents the better.

Hope it works out for her, it should, I think.

Mac

Thanks Mac - pretty much what I was expecting. I think she will lose the green card because her reason for being out for 9 months was to build a house in Thailand. I'll try to make sure she has relevant papers for marriage and death of husband and fingers crossed...

[jpinx]

The U.S. consulate might help her.

yes thanks - I thought of that too and gave her the numer to call.

[beano2274]

Are the family in the US going to make all the preparations? As I would not rush to get there for the funeral, in the UK for example it can take more than a week for everything to be sorted before the body can be buried. Things like doctors certificate, coroners report, registration of the death, all these things take time.

[jpinx]

Are the family in the US going to make all the preparations? As I would not rush to get there for the funeral, in the UK for example it can take more than a week for everything to be sorted before the body can be buried. Things like doctors certificate, coroners report, registration of the death, all these things take time.

True indeed, but in the emotion of the moment she just wants to get there as quickly as possible. Things are progressing thanks, she has a seat held while she gets papers and print outs sorted.

[beano2274]

Are the family in the US going to make all the preparations? As I would not rush to get there for the funeral, in the UK for example it can take more than a week for everything to be sorted before the body can be buried. Things like doctors certificate, coroners report, registration of the death, all these things take time.

True indeed, but in the emotion of the moment she just wants to get there as quickly as possible. Things are progressing thanks, she has a seat held while she gets papers and print outs sorted.

That was my problem last year when my stepfather died, I wanted to see my Mum as soon as possible, luckily enough I booked holiday for 20 days, returned here 3 days after the funeral

[Thanyaburi Mac]

JPINX

Would be interested in how she makes out with U.S. Immigration, feedback useful for future reference.

Thanks.

Mac

[moe666]

Being gone more than 6 months can be a problem for a green card holder. Just tell her not to volunteer any info about building a house, just a family visit took longer than planned.

[oldgeezer]

If she was gone for more than 6 months, upon her return, immigration will give her the choice of surrendering her green card or the will take it and provide the information required to go to court and dispute the action.

If she surrenders her card she will most likely be provided with a 6 months visitors visa.

If she then wishes to renew her green card and does not do that within 1 year it is likely her green card will be considered to be "abandoned" in which case, she will have to make a complete new application. This process is very time consuming and involves the Dept of Homeland Security as well as the U.S. Visa services.

Many other issues may be involved depending upon individual circumstances, not the least of which is a sponsor, demonstration of intent to immigrate permanently, financial capabilities, etc.

Edited November 11, 2012 by oldgeezer

[belg]

my wife says once you had your trip to the usa, you are cleared for 10 years, right ?

[Baloo22]

This may be too late now but was her husband a U.S. military retiree? If so, the Red Cross may be able to send a message to her "notifying" her of his death. (Not sure exactly where they would send it, perhaps the consulate.) The family in the U.S. would need to call the Red Cross at (877) 272-7337 (toll-free). Just thinking that such an "official" notification might be given more weight by U.S. immigration in their considerations.

[gark]

If she wants to salvage her green card she should enter the US from Canada or Mexico. At the land crossing they won't be too curious and she can tell them she went for a short trip

[oldgeezer]

my wife says once you had your trip to the usa, you are cleared for 10 years, right ?

That is for a visitors visa. Nothing to do with immigrant visa/green card.

[Arkady]

If she was gone for more than 6 months, upon her return, immigration will give her the choice of surrendering her green card or the will take it and provide the information required to go to court and dispute the action.

If she surrenders her card she will most likely be provided with a 6 months visitors visa.

If she then wishes to renew her green card and does not do that within 1 year it is likely her green card will be considered to be "abandoned" in which case, she will have to make a complete new application. This process is very time consuming and involves the Dept of Homeland Security as well as the U.S. Visa services.

Many other issues may be involved depending upon individual circumstances, not the least of which is a sponsor, demonstration of intent to immigrate permanently, financial capabilities, etc.

I once travelled to the US with someone (not Thai) who had a green card she was keeping up with annual visits. This was about the third time she had done it since getting divorced from an American husband. The INS guy gave her a hard time and tried to make her surrender the green card. She stood her ground, just asking why should she give up, if she didn't want to, and there was nothing more he could do. I don't they have the authority to confiscate it. In this case, it is only the first time and she has a valid reason. If she is challenged, she should say she is planning to come back to live and work. They don't follow up.

Edited November 11, 2012 by Arkady

[Baloo22]

If she wants to salvage her green card she should enter the US from Canada or Mexico. At the land crossing they won't be too curious and she can tell them she went for a short trip

Won't she still have to show her Thai Passport in addition to her "Green Card" at the border? And won't it have a dated exit stamp? Also, I would think that U.S. Immigration has her exit date in their computer system.

Irrespective of the answer to the above questions; I would strongly advise her NOT to lie (especially such a blatant and easily disproved lie) to the Immigration Officers.

[Maestro]

Of course she will have to show her passport.

[jpinx]

Thanks for the further comments.

As it turns out, USA immigration will allow a green card holder up to 12 months out of USA and only ask for a sensible explanation when you go back.

Thanks again to all who provided pointers