Important Problems For Green Card Glad Consider and to Understand When Traveling

Clients who are Green Card holders (i.e. permanent residents)
frequently ask me about issues they need to be aware of when traveling
internationally, outside of the United States.Here are some things to
consider to minimize the potential for problems at the border. After a
long intercontinental flight, nobody wants to find themselves in a
position of being subjected to lengthy questioning by CBP officers at
the airport. Particularly in situations where the Green Card holder
has spent significant time (more than 6 months, typically) outside the
U.S., there are potential pitfalls one needs to be aware of - or risk
losing the highly-prized Green Card. CBP, interestingly enough, in
its operations manual, has some good guidance on what immigration
inspectors are to consider when inspecting Green Card residents
seeking re-admission into the U.S.Admission, generally The CBP officer
shall admit a resident alien returning to an unrelinquished domicile,
if not otherwise inadmissible, upon presentation of an unexpired Green
Card (I-551), a reentry permit, refugee travel document (indicating
lawful permanent residence), or temporary evidence of LPR status such
as an Travel Statmp (or ADIT stamp).A returning resident alien is not
required to present a valid passport for reentry into the U.S.,
although most will have one, since a passport is often required for
entry into a foreign country. When presented, the passport is normally
annotated with "ARC", and the alien's "A" number should be written on
the page with the admission stamp.Admission after prolonged absences A
Green Card holder, who has been outside the United States for more
than one year (two, if presenting a reentry permit), may be seen by
CBP to possibly have abandoned residence. Other indicators of possible
abandonment of residence are:




(1) employment abroad,(2) having immediate family members who are not
permanent residents,(3) arrival on a charter flight where most passengers
are non-residents with return passage,(4) lack of a fixed address in the
U.S., or(5) frequent prolonged absences from the United States.In
questionable cases, it is appropriate for CBP to ask for other
documentation to substantiate residence, such as driver's licenses and
employer identification cards.Green Card holder without Green Card? Lawful
permanent residents (LPR) lacking evidence of alien registration because
it has been left at home or in a safety deposit box, may obtain from CBP a
visa waiver, with fee, or defer the inspection to another CBP office local
to the Resident's home in the U.S.If the LPR claims the card has been lost
or stolen, the POE may accept a Form I-90, Application to Replace
Permanent Resident Card, with fee. These actions may be considered once
the identity of the LPR has been confirmed, preferably by checking against
the data contained in the CBP computer systems.A LPR requesting a visa
waiver must complete a Form I-193, Application for Waiver of Visa or
Passport, if otherwise admissible. The applicant requesting the waiver is
to review the information recorded on the printed form for accuracy and
sign where indicated. If the waiver is approved, the LPR is to be given a
copy of the Form I-193 and be admitted as a returning resident. If a
waiver is denied, the applicant may be placed in removal proceedings
before an immigration judge.CBP officers can also use something called
"deferred inspection". This is usually limited to a Green Card or Visa
holder who:o will be able to produce the requisite document within a few
days; or,o claims to have lost or had the Form I-551 stolen, is unable to
pay the Form I-90 fee at the time of initial inspection and has not been
previously deferred for presentation of the Form I-551 document.The LPR
will be required to file a Form I-90 with U.S. Citizenship and Immigration
Services (USCIS) within the next 30 days.Conditional Residents A
conditional resident is generally admissible to the U.S. if applying
before the second anniversary of admission for conditional residence. The
conditional resident may also be admissible if he or she has a boarding
letter (or "transport letter") from a U.S. consulate, has been stationed
abroad under government orders, or is the spouse or child of a person
stationed abroad under government orders. Otherwise, the applicant for
admission as a conditional resident must have filed a joint petition or an
application for waiver, Form I-751 (marriage-based cases) or Form I-829
(investment-based cases), in the U.S. within the 90 days before the second
anniversary but not more than 6 months prior to the application for
entry.Once I-751 has been filed, the applicant will receive a receipt
notice (I-797 Notice of Action) from USCIS, extending the conditional
resident status for another year, allowing travel.If none of those
conditions exist, the inspector may defer the applicant to file Form I-751
or I-829 if there is reason to believe the Service will approve a petition
or waiver. If the applicant is not admissible, CBP has authority to place
him or her in removal proceedings.Question of "Meaningful Departure" When
examining a Green Card holder who has spent significant time abroad
(usually more than six months), when there is a question as to whether the
LPR may have abandoned his/her U.S. residence, the CBP inspector has to
evaluate the situation and make a determination as to the LPR's intent and
the nature and reason for the prolonged absence from the United States.
Prior to 1997, if a lawful permanent resident was believed to be
inadmissible, immigration inspectors had to first make a determination
whether his/her absence was "meaningfully interruptive" of permanent
residence. Later revisions to immigration laws have formalized a 'test'
for immigration inspectors to apply in this situation. Under this test, a
lawful permanent resident is NOT considered to be seeking admission,
unless the alien:




o has abandoned or relinquished that status;o has been absent continuously
for more than 180 days;o has engaged in illegal activity after departing
the U.S.;o has departed under legal process seeking removal;o has
committed certain criminal offenses;o is attempting entry without
inspection; oro has entered the U.S. without authorization by an
immigration officer.If CBP believes an LPR may be inadmissible or no
longer entitled to lawful permanent resident status, CBP should refer the
alien for removal proceedings if a deferred inspection is not
appropriate.Special Rules for Dependents of U.S. Service Members Spouses
and children of U.S. Armed Forces servicemembers, or civilian employees of
the U.S. Government, are exempt from many normal requirements for
returning residents. If a dependent is a conditional resident, and the
period of conditional residence has expired, CBP should admit the person
and advise to file Form I-751 within 90 days.

Steven A. Culbreath, Esq. Immigration Lawyersaculbreathlaw@tampabay.rr
.com web: saculbreathlaw .com/blogImmigration = Opportunities +
Possibilities. Let me show you how.Visit my website and blog. Contact
me for a consultation.