Wife outside USA for 7 months. Can she be denied entry to USA?

[Bparks777]

Hello everyone.

 

I have been reading that if an LPR spends more than six months consecutively outside the USA, the immigration officer at the US entry checkpoint may question them regarding their “intention to abandon their LPR status in the USA”. My wife has been in china for nearly 7 months. We knew for certain her trip would be under a year, so maybe a bit naïvely on our part, did not file for a re-entry permit. We did not realize this may become an issue.

 

Some back info:

 

My wife is an LPR, and we are in the middle of removing conditions. She has, and is fully within the NOA I-751 extension letter parameters for her green card validity.

 

My wife returned to China Febraury 26^th, and will return September 21^st with myself, and 3 of my friends from the USA. Originally she intended to return early July, but varying items came up that delayed her return:

 

My wife makes money teaching & tutoring English to Chinese children. She returned to China end of February to renew her Chinese teaching license, and complete becoming fully TESOL certified. The process should have taken about 3-4 months. Furthermore we have been married for 3.5 years, but have been so busy we have not had time yet to hold a substantial wedding ceremony. We were planning to finish the trip by holding a larger wedding ceremony in her home town (Chongqing), and both returning in early July.

 

Per her family tradition, they visited a fortune teller that told us we need to have our wedding September 16^th. So, we obliged to keep her parents happy. We have our ceremony planed for September 16^th, and a small vacation planned with her family, friends, and some of my friends that are coming from the USA as well. We decided that instead of spending the extra $1500 on a flight to return for 1-2 months, we would just wait it out, this also allowing her to attend to some business matters before returning.

 

I have decided to bring some basic documentation (our apartment lease, US credit cards with her name on it, drivers license, ceremony pics, etc.) to show as evidence of being anchored / established in the USA.

 

Has anyone / or their loved ones experienced being questioned about abandoning their LPR status in the USA? Can she potentially be denied entry, or do we need to plea at a later day in immigration court?? Any input for proper documentation to bring?

 

Many thanks in advance to everyone.

Edited August 28, 2019 by Bparks777 (see edit history)

[Randy W]

She should be okay, but be prepared for questioning, including about why she overstayed the six months.

 

This is an excellent article - from Chodorow Law Offices

Green Card Holders Who Stay Abroad Over 6 Months Risk Abandonment

At the port of entry, CBP could inspect you just briefly after you wait in line, or CBP could take you to a separate office for detailed questioning (called “secondary inspection”). Then CBP would take one of several actions:

• Admit you to the U.S. (granting a documentary waiver, if necessary).
• Refer you to deferred inspection, meaning a later appointment with CBP for further investigation.
• Allow you to withdraw your application for admission and return abroad.
• Allow you to relinquish your LPR status (voluntarily give up your green card) and be admitted as a nonimmigrant.
• Issue a notice to appear for removal proceedings in Immigration Court. Notably, CBP does not have the power to take your permanent resident status away. Only a judge in Immigration Court can do that.

 

 

The last four options are highly doubtful - just be prepared.

[Bparks777]

Thanks Randy,

 

I belive we will be just fine. I will bring documentation to prove connection to the USA. My only concern is CBP always splits you up when going through immigration, so I cant be with her if they try to ask any entrapping quesitons.

[newacct]

It's good that she's coming back before October 15. Green card holders who return after being outside the US for 180 days are subject to grounds of inadmissibility, including public charge grounds of inadmissibility under the new public charge rule after October 15, 2019.

[Randy W]

It's good that she's coming back before October 15. Green card holders who return after being outside the US for 180 days are subject to grounds of inadmissibility, including public charge grounds of inadmissibility under the new public charge rule after October 15, 2019.

 

Your use of the word "inadmissability" here is inappropriate.

 

She has already been admitted as a legal permanent resident - this determination is NOT made at the POE.

 

The new rule will apply to adjustment of status applications postmarked on or after October 15, 2019 .

 

[newacct]

 

It's good that she's coming back before October 15. Green card holders who return after being outside the US for 180 days are subject to grounds of inadmissibility, including public charge grounds of inadmissibility under the new public charge rule after October 15, 2019.

 

Your use of the word "inadmissability" here is inappropriate.

 

She has already been admitted as a legal permanent resident - this determination is NOT made at the POE.

 

The new rule will apply to adjustment of status applications postmarked on or after October 15, 2019 .

 

 

A returning permanent resident is usually not considered an applicant for admission. However, under certain circumstances listed in INA 101(a)(13)©, a returning permanent resident is considered an applicant for admission, and thus can be put into removal for inadmissibility. These circumstances include being outside the US for 180 days continuously, having engaged in illegal activity abroad, and a few other cases. The new rule mentions this fact:

 

Congress set forth the circumstances under which lawful permanent residents returning from a trip abroad are considered applicants for admission, and therefore, are subject to admissibility determinations, including an assessment of whether the alien is inadmissible as likely at any time to become a public charge. If CBP determines that the returning lawful permanent resident is an applicant for admission based on one of the criteria set forth in section 101(a)(13)© of the Act, 8 U.S.C. 1101(a)(13)©, including that the alien has been absent for more than 180 days, and that the alien is inadmissible under one of the grounds set forth in section 212(a) of the Act, 8 U.S.C. 1182(a), the law requires that the alien be placed into removal proceedings.

[Randy W]

A returning permanent resident is usually not considered an applicant for admission. However, under certain circumstances listed in INA 101(a)(13)©, a returning permanent resident is considered an applicant for admission, and thus can be put into removal for inadmissibility. These circumstances include being outside the US for 180 days continuously, having engaged in illegal activity abroad, and a few other cases. The new rule mentions this fact:

 

Congress set forth the circumstances under which lawful permanent residents returning from a trip abroad are considered applicants for admission, and therefore, are subject to admissibility determinations, including an assessment of whether the alien is inadmissible as likely at any time to become a public charge. If CBP determines that the returning lawful permanent resident is an applicant for admission based on one of the criteria set forth in section 101(a)(13)© of the Act, 8 U.S.C. 1101(a)(13)©, including that the alien has been absent for more than 180 days, and that the alien is inadmissible under one of the grounds set forth in section 212(a) of the Act, 8 U.S.C. 1182(a), the law requires that the alien be placed into removal proceedings.

 

 

 

Okay, but I don't see the 180 day standard changing. It applies NOW, and will apply after Oct. 15. Yes, she CAN be sent to removal proceedings. They need to be prepared for an interview at the POE.

 

A few more public charge benefits have been added to the list - I doubt she has partaken of any of them (old or new list). My understanding, though, is that the standard that would apply is the one in effect at the time the I-864 was filed. Our overseas spouses are unlikely to have received ANY public charge benefits before filing the I-864, unless a NEW one is required at a removal proceeding.

 

I see this new law as having more appeal to Trump's base than having any real teeth, especially regarding those of us who filed for our overseas spouses.

[dnoblett]

Thanks Randy,

 

I belive we will be just fine. I will bring documentation to prove connection to the USA. My only concern is CBP always splits you up when going through immigration, so I cant be with her if they try to ask any entrapping quesitons.

Actually you can insist on accompanying your spouse through the returning resident line, just let the officer at the start of the line you are traveling together and they will direct you to whichever line. They did this with me when traveling with my then fiancée on her K-1, and did later when my wife US Citizen was traveling with her mother when mum entered on a visit visa and later when mum was entering on an immigrant visa.

[Randy W]

See New Challenges (a CFL topic) for a discussion of the new Oct. 15 law

 

Again, I expect that it will NOT affect any of our members - see Deportability on Public Charge Grounds (part of the same CFL topic).

The move is not intended to affect most immigrants who have already been granted green cards, but advocates have said they fear that those with legal resident status will stop using public benefits to protect their status.

 

[Bparks777]

Thanks again everyone. We will go through together. Will hope for the best ( a wave past), and prepare for the worse.

 

Im bringing a copy of our lease, some credit card statements, medical bills, copies showing her teacher / tesol appointments in china showing the spacing, and will have photos from our ceremony.

[Bparks777]

** UPDATE **

 

We had a small mountain of evidence but ultimately didn’t require any. Had a fairly quick conversation with the CBP officer at DTW as to why she was gone so long, he was a bit rude but we shrugged it off (pick your battles). Overall everything went well.

 

Thanks to everyone for their input.

[Randy W]

Excellent. Thanks for reporting back.

[britneyj28]

My wife also reside in India and i have here in USA since 6 years and if I should apply for wife what are the chances to get for the PR, if she would get PR or she would be rejected by the immigrant.

[Randy W]

My wife also reside in India and i have here in USA since 6 years and if I should apply for wife what are the chances to get for the PR, if she would get PR or she would be rejected by the immigrant.

 

 

Your 'About me' was copied almost verbatim from Betsy Awelachew on https://keck.usc.edu/education/md-program/admissions/student-spotlights/

 

I'll trust that you and her will be very happy together, if there is actually a connection.

 

Nice avatar picture, though.

Edited November 8, 2019 by Randy W (see edit history)

[Fred]

My wife traveled back to China, and she stayed for a while longer because her mother is sick. The mother is scheduled to return to the hospital for surgery. My wife has a green card, a Michigan ID card, and a USA Social Security Number. I assumed that my wife has all the required IDs and documents to travel back to Detroit, USA. My wife wanted to know if she will need any additional documents to travel back to Detroit, USA. My immigration attorney said that my wife should bring her mother’s medical records. My wife will also be flying into the Detroit Metro Airport (DTW). I live in Brownstown, Michigan. I assume that member Dparks777 may live near Detroit since his spouse flew to the DTW airport.

 

Fred