"Final Warning about Residency"??

[MarcRosie]

MERRY CHRISTMAS!! Hope all had a great holiday.

 

My wife just mentioned that they had written "Final Warning about Residency" when she entered the US in May. She had received an I-131 so she could stay out longer than a year if she needed to (was caring for her 89 year old father and 80 year old mother). She stayed a little less than a year. They never asked her for the I-131 but she said she showed a customs officer after she had gone through customs, just to be sure. But the officer had already written this on her passport. Is this something to be concerned with? She had the governments approval to stay out longer than she would've normally stayed out, but she has gone back and forth quite a bit because of her parents. Any thoughts? She's going back the end of Jan to do all her retirement paperwork and care for her parents then coming back. She wants to get her citizenship in the US now.

 

Thanks!!

[Randy W]

MERRY CHRISTMAS!! Hope all had a great holiday.

 

My wife just mentioned that they had written "Final Warning about Residency" when she entered the US in May. She had received an I-131 so she could stay out longer than a year if she needed to (was caring for her 89 year old father and 80 year old mother). She stayed a little less than a year. They never asked her for the I-131 but she said she showed a customs officer after she had gone through customs, just to be sure. But the officer had already written this on her passport. Is this something to be concerned with? She had the governments approval to stay out longer than she would've normally stayed out, but she has gone back and forth quite a bit because of her parents. Any thoughts? She's going back the end of Jan to do all her retirement paperwork and care for her parents then coming back. She wants to get her citizenship in the US now.

 

Thanks!!

 

 

the words in the passport mean nothing, unless they also made a computerized notation to that effect. I don't think she'll be denied re-entry, but she may be hauled into immigrations court for possible revocation.

 

The article you need to read -

Green Card Holders Staying Abroad Over 6 Months Risk Abandonment

 

It seems to have been written for EXACTLY her situation.

[MarcRosie]

Thanks Randy!

 

I guess my question would be that the US Government approved her to be gone for up to 2 years as they issued her the I-131 before she left to go to China. Wouldn't that supersede their decision to write "Final Warning about Residency" on the passport? Seems like we should be able to call someone (IPASS?) and get that taken off their records...if it's on there.

[Randy W]

Thanks Randy!

 

I guess my question would be that the US Government approved her to be gone for up to 2 years as they issued her the I-131 before she left to go to China. Wouldn't that supersede their decision to write "Final Warning about Residency" on the passport? Seems like we should be able to call someone (IPASS?) and get that taken off their records...if it's on there.

 

Of course, we can give you the cheap and easy answers here. If she is found to have abandoned her green card, you can easily enough explain that to the judge.I don't think there's any real chance that she will lose her green card.

 

BE SURE she is prepared when re-entering the country, both with her I-151 AND domicile evidence, to present to the Immigrations Officer at the POE.

 

It's MUCH cheaper and easier than hiring a lawyer to go to Immigrations Court. The article I linked to pretty much tells you what you NEEDED to have known before she took these trips

[MarcRosie]

Thanks again Randy!

 

Yep...hindsight. I'll see if there's someone I can call to see if that's on her permanent record and go over the fact that she was given an I-131 for the trip/s. I don't believe she should be dinged for staying out of the US for less than a year when she has a current and still good 131 to care for her parents. Why would they give her a warning if she had the 131?! It should've been right there in her records if they looked. Nuff said. Thanks for your replies.

[dnoblett]

That trip abroad that was longer than 6 months will reset the clock on residency needed for citizenship, unless can convince USCIS otherwise.

 

She can apply for citizenship at 3 years of residency with no trips abroad lasting more than a year.

 

1. Absence of More than Six Months (but Less than One Year)

 

An absence of more than six months [more than 181 days but less than one year (less than 365 days)] during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship.

 

An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence.

 

An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:

 

•The applicant did not terminate his or her employment in the United States or obtain employment while abroad.

 

•The applicant’s immediate family remained in the United States.

 

•The applicant retained full access to his or her United States abode.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html