World Journal Weekly Q & A - December 24, 2006Traveling and Keeping the Green CardFlushing Li Reader asks: I immigrated to U.S. in 1994 through my daughter’s petition and am a green card holder. Because my wife and I have to take turn to go back to China taking care of my 90 years old mother, I have the following questions concerning the time limit allowed for leaving the country: 1. I went back to China for 9 months. When I came back this year,
the immigration marked on my passport that I left U.S. for 9 months.
Was that a warning? Will I have trouble re-entering U.S. if next
time I go to China and stay for over 6 months? Dear reader: 1 When Customs and Border Protection (CBP) notates on the passport that an individual has left the United States for a number of months, that can be interpreted as a warning and a notification to the next immigration inspector that the individual has been put on notice. There is a good chance that you will have trouble re-entering the U.S. after staying out for over six months if your passport was annotated following a trip of nine months just before the six month trip. 2 As part of the obligations of permanent residence, individuals should reside in the U.S. the majority of the year. That usually means of least six months of every year with no trip over six months. 3 A reentry permit is not a guarantee of safe return. It does increase an individual's chances of not having a problem with the immigration inspector as a reentry permit indicates to an inspector that the individual knew that he/she would be leaving the U.S. for a longer period of time than usual, asked permission to do so, and received permission in the form of the reentry permit. The longest period of time allowed outside the United States under a reentry permit is less than two years. 4 If you are overseas, you can appear at an American consulate office and surrender the green card by completing form I-407, Abandonment of Residence. There is no such procedure for an individual to do so with U.S.C.I.S. in the States. If you give up the green card, you should be allowed a nonimmigrant visa to visit the States as there should be no doubt that you have intentions to immigrate to the U.S., a bar to most non immigrant visa issuances. However, the issuance of visitors visas is in the discretion of the American consular officer that you meet. 5 My best suggestion on how to keep the green card is for you and
your wife (if you are ineligible for citizenship) to perhaps spend
less than six months apiece with your mother every year, take out
reentry permits, pay U.S. taxes without taking the income exemption
for income earned overseas, and keep as many ties and bonds in the
U.S. as you possibly can including memberships in associations and
organizations, bank accounts, personal and real property, and U.S.
identity documents. It might help if you had this type of documentation
along with proof of your mother's age and residence in China when
you reenter the U.S.. You should also have an answer to the question
of why only you and your wife are able to take care of your mother
and not any other siblings (if there are any). In the event that
you still qualify for citizenship (physical residence in the U.S.
for two and a half of the last five years with no trip lasting one
year or more), you should obtain your citizenship, thus ensuring
your free travel in and out of the United States. Tracking a Misdirected I-824 Follow to Join Application for Family MembersYour Loyal Reader asks: 1. I received my green card approval on 4/06 and the same time received a notice from USCIS stating that they had notified my permanent residence status (form I-181 Memorandum of Creation of Record of Lawful Permanent Residence) to U.S. Embassy in Shanghai in reference to my husband’s I-824. I don’t know why USCIS notifies Shanghai instead of Guangzhou. Does the USCIS make a mistake? What should I do? How should I trace my husband’s I-824 case? 2. Can I apply I-130 for my unmarried son who is now 27 years old? When I become naturalized 5 years later, and if my son got married, could I use the earlier priority date to continue his process? Dear reader: 1 The I-824 Application for Action on an Approved Application or Petition has an empty space for the applicant to put in the consulate or embassy to which he or she wishes the I-824 approval to be sent. Assuming that you or your representative put down Shanghai, China as the location to which the approval should be sent, the U.S.C.I.S. local office (in this case Fairfax, Va.) forwarded it to that location. When it reaches Shanghai, the consular section will probably reroute the approval to Guangzhou since Shanghai has no jurisdiction over a green card application. This mistake, however, may take some time to resolve. You or your lawyer can take an active role in attempting to have the mistake corrected and having the consulate in Shanghai forward the approval to Guangzhou or confirm that such has already been done. Once you have a confirmation that the case is in Guangzhou, you or your attorney can begin communicating with the Guangzhou consulate to have the case set up and paperwork sent to your husband. Your attorney can also attempt to communicate directly with Guangzhou consulate and set up the case by sending the consulate the original copy of the I-824 approval and attorney certifying all other necessary documentation. 2 As you already have your permanent residence, you can apply for your unmarried son who is now 27 years old. However, if your son is married prior to the time you become a U.S. citizen, his case will automatically be revoked. On the other hand, if you become a citizen first and then your son marries, he can enjoy the earlier priority date to continue his process and immigrate both himself, his wife, and any children that they may have.
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Copyright © 2003-2006 Alan Lee,
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