leave after 10 days & return in 5 mths, re-leave after10 days & re-return after 5 mth

[dealsone]

just consider this scenario:

wife+child+myself should be granted gc somewhere in june18 (principal applicant - wife)
all visit usa on nov-15-2018
wife+child will stay for at least 4 months, i will leave for my native country in about 10 days (nov-25-2018)
(to liquidate my assets)

i will re-visit usa on may-10-2019 (6 months mandatory visit - or is it 1 year), leave on may-25-2019
(if all assets not liquidated earlier, will re-attempt to liquidate remaining assets)

will re-re-visit on oct-10-2019, stay for about 2-3 months, & then leave

will my gc be up for revocation, then.

[UScitizenFilingforspouse]

just consider this scenario:

wife+child+myself should be granted gc somewhere in june18 (principal applicant - wife)
all visit usa on nov-15-2018
wife+child will stay for at least 4 months, i will leave for my native country in about 10 days (nov-25-2018)
(to liquidate my assets)

i will re-visit usa on may-10-2019 (6 months mandatory visit - or is it 1 year), leave on may-25-2019
(if all assets not liquidated earlier, will re-attempt to liquidate remaining assets)

will re-re-visit on oct-10-2019, stay for about 2-3 months, & then leave

will my gc be up for revocation, then.

Hi there,

I think you might find this article useful. https://cliniclegal.org/sites/defaul...R%20Status.pdf Contrary to popular believe, there is no set time frame that defines a temporary absence from the US. The article tells you what a CBP agent might try to corner you into doing and explains that ultimately, ""Only a judge can make a finding of abandonment. LPRs must be put into removal proceedings in order to be found to have abandoned LPR status. In removal proceedings, the burden is on the government to must prove deportability by ?clear, unequivocal, and convincing evidence.? Hana v. Gonzalez, 400 F.3d 472 (6th Cir. 2005).0 Until an LPR has been found deportable, he or she remains an LPR." You never want it to get to this point, of course.

Sometimes, CBP agents will corner LPRs who are returning for a prolonged absence abroad, into signing a I-407, Record of Abandonment of Lawful Permanent Resident Status. https://www.uscis.gov/i-407 If it ever comes up, just because a CBP hands it to you, does not mean you have to sign it. From what I am reading, they actually have to let you in and then refer you to a judge with a NTA (notice to appear).

When traveling, make sure you have documents to prove ties to the US. That will get them off your back.

[dealsone]

Hi there,

I think you might find this article useful. https://cliniclegal.org/sites/defaul...R%20Status.pdf Contrary to popular believe, there is no set time frame that defines a temporary absence from the US. The article tells you what a CBP agent might try to corner you into doing and explains that ultimately, ""Only a judge can make a finding of abandonment. LPRs must be put into removal proceedings in order to be found to have abandoned LPR status. In removal proceedings, the burden is on the government to must prove deportability by ?clear, unequivocal, and convincing evidence.? Hana v. Gonzalez, 400 F.3d 472 (6th Cir. 2005).0 Until an LPR has been found deportable, he or she remains an LPR." You never want it to get to this point, of course.

Sometimes, CBP agents will corner LPRs who are returning for a prolonged absence abroad, into signing a I-407, Record of Abandonment of Lawful Permanent Resident Status. https://www.uscis.gov/i-407 If it ever comes up, just because a CBP hands it to you, does not mean you have to sign it. From what I am reading, they actually have to let you in and then refer you to a judge with a NTA (notice to appear).

When traveling, make sure you have documents to prove ties to the US. That will get them off your back.

after long absence from usa & returning to usa, does the immigration officer have the power/authority to deny entry on usa soil. (outside of airport - into city)
(could someone be deported straightaway from the airport)

[UScitizenFilingforspouse]

after long absence from usa & returning to usa, does the immigration officer have the power/authority to deny entry on usa soil. (outside of airport - into city)
(could someone be deported straightaway from the airport)

The CBP agent will try to corner you and put words in your mouth. They will try to hand you the I-407 Record of abandonment or permanent resident status. Remember that they ask you to classify yourself. They ask you why you were absent from the US for so long. They can't infer and decide that you moved abroad. You would have to admit to that and a judge would be involved.

There are processes in place in order to maintain LPR status and work/reside temporarily abroad. There are re-entry permits, as you know. There is also the SB-1 returning resident visa. But a lot has to happen for it to get to that point.

Now, if it's a matter of national security or if you have a warrant for arrest or some sort of weird situation, I am sure they could BUT for temporary absences? I doubt it.

Look through the document I posted. Memorize that line - only a judge... Agents push boundaries all the time.

[dealsone]

The CBP agent will try to corner you and put words in your mouth. They will try to hand you the I-407 Record of abandonment or permanent resident status. Remember that they ask you to classify yourself. They ask you why you were absent from the US for so long. They can't infer and decide that you moved abroad. You would have to admit to that and a judge would be involved.

There are processes in place in order to maintain LPR status and work/reside temporarily abroad. There are re-entry permits, as you know. There is also the SB-1 returning resident visa. But a lot has to happen for it to get to that point.

Now, if it's a matter of national security or if you have a warrant for arrest or some sort of weird situation, I am sure they could BUT for temporary absences? I doubt it.

Look through the document I posted. Memorize that line - only a judge... Agents push boundaries all the time.

thanks for the reply
but
does the immigration officer have the power/authority to deny entry (from the airport) on usa soil. (outside of airport - into city)
(i mean. the judge may/may not revoke my LPR , but that would be in a court room , in city - not the airport - right?)

[UScitizenFilingforspouse]

Immigration judges are one of the most overworked professionals out there. Nope, there aren't any at airports waiting for LPRs with NTAs that were just issued by CBP agents.

https://www.washingtonpost.com/opinions/immigration-judges-were-always-overworked-now-theyll-be-untrained-too/2017/07/11/e71bb1fa-4c93-11e7-a186-60c031eab644_story.html?utm_term=.689e17c9c511

Just act wisely, don't put yourself in a compromising position, and you will be fine. Your plans may put you in a compromising position, though.