CBP officer stamed by passport- out for 4 months

[rmittal90]

Please find below my trips last year

3 April to 3 July-- 91 days (India)
3 -Sept to 12 Sept- 10 days (Maldivies, India)
24 Oct to 12 Jan- 81 days (India)

When I entered USA this 12 Jan. CBP officer stamped my passport 'Out for 4 months' and warned me that during my next entry they will take my green card. I planning to take trip of 3-4 weeks in July 2022. will that create issue.

During the above trips, I had my job in USA (working remotely from India), slary was paid in US account and surely will file taxes. I am visiting India frequently only beacuse my spouse is in INdia and her visa is gettig delayed due to COVID. I just want to check how much should i wait for next trip. I will keep the trip short but what should be ideal time so that CBP will not give me headache.

[okccanary]

I am no means an expert and only giving personal advise. It sounds like that CBP was giving you a warning/heads up. Last year you spent more than 180 days outside the USA which means the CBP could have taken that as you giving up your Green card. However he was nice and let you back in but gave you a warning!! Likewise all your trips were to India which to the officer makes it looks like you are still living in India. I am guessing your green card was sponsored via employment and despite you being able to work remotely from India I'm not sure this really meets the conditions for the green card. They could argue that the company could employ you to work from India and the Green Card is no longer necessary. I personally wouldn't risk it and not travel internationally for the whole of 2022 (especially back to India) because it would suck for your wife to finally get her green card and yours being revoked.

I cant imagine how hard it must be with your wife still living in India and the need to be with her!! It truly sucks and i'm sorry you currently have to do this!

If the green card for your wife is taking longer than normal processing times have you tried contacting your local senator/congressman. I have seen other people in this forum take this route and it definitely seems to move things along. Likewise having your wife abroad alone for over a year seems like good reason to contact and get things moving. You could argue financial/emotional stress that your wife is currently experiencing if you are the main wage earner.

If you are still adamant about travelling back to India (which I completely understand) I honestly would speak to an immigration attorney and explain your full history and see if its actually possible to travel back without any ramifications or if you are able to appeal in case they did revoke your Green card next time you re-enter the country.

Like I said this is just my own opinion and I'm the type of person who plans for the worst rather than hope for the best. You could go to June and nothing happens and re-enter with no questions asked but I would hate to see you lose your Green Card if you hope to live here long term!

[okccanary]

Also rereading your message just want to double check. You do realize you have to file your own taxes each year by April 15. Your company will give you a W2 that you use to complete the form when filing your taxes. I'm originally from the UK and only self employed people filed their own taxes there while your employer would do it for you. This is not the case here you must file yourself. This could have ramifications for Green Card renewal or citizenship if you don't submit you own taxes each year!!

[gaps0214]

Please find below my trips last year

3 April to 3 July-- 91 days (India)
3 -Sept to 12 Sept- 10 days (Maldivies, India)
24 Oct to 12 Jan- 81 days (India)

When I entered USA this 12 Jan. CBP officer stamped my passport 'Out for 4 months' and warned me that during my next entry they will take my green card. I planning to take trip of 3-4 weeks in July 2022. will that create issue.

During the above trips, I had my job in USA (working remotely from India), slary was paid in US account and surely will file taxes. I am visiting India frequently only beacuse my spouse is in INdia and her visa is gettig delayed due to COVID. I just want to check how much should i wait for next trip. I will keep the trip short but what should be ideal time so that CBP will not give me headache.

I suggest you listen to the CBP officer's warning. Your frequent trips out of US borders even when your work is remote seems to give the CBP reason to confiscate your greencard the first chance they have because there is no need for you to have that as you can be employed by a US company and work outside the US, the green card is for people who need to be physically within US borders.

Cheers

[rmittal90]

I suggest you listen to the CBP officer's warning. Your frequent trips out of US borders even when your work is remote seems to give the CBP reason to confiscate your greencard the first chance they have because there is no need for you to have that as you can be employed by a US company and work outside the US, the green card is for people who need to be physically within US borders.

Cheers

have you been physically present in USA all your life? People need to travel and sometime they are frequent. I think this mentality that you have to remian in USA for all your GC time is wrong, People has family in other countries too, What us the harm in travelling if someone is making residency in USA. Usually this arguments comes from people who don't have spouses waiting from another country, spare some thoughts for people like me who are seprated from families for 3-4 yeas. I hope you will never face this position in your timr.

I didn't get green caard though employment. I could take a leave and spend time with wife but i was working beacuse my compnay needed me to do... Best of luch for your troubles you will be facing in your life..

[SoleilDeMinuit]

have you been physically present in USA all your life? People need to travel and sometime they are frequent. I think this mentality that you have to remian in USA for all your GC time is wrong, People has family in other countries too, What us the harm in travelling if someone is making residency in USA. Usually this arguments comes from people who don't have spouses waiting from another country, spare some thoughts for people like me who are seprated from families for 3-4 yeas. I hope you will never face this position in your timr.

I didn't get green caard though employment. I could take a leave and spend time with wife but i was working beacuse my compnay needed me to do... Best of luch for your troubles you will be facing in your life..

I don't think gaps0214 meant wrong when they gave you their advice. I, myself had to be out of the country for 5 months for family reasons. I would have liked to stayed longer to handle more things but I had to come back. Don't forget USCIS says that CBP officers have the last say in letting you enter or not. Even if you are in your rights because you did not exceed the 6months period in the year, the last word come down to the CBP officer. If he did not mark anything on your passport maybe try to come back at a different airport. I would talk to a lawyer to make sure I'm taking the right decision. Best of luck.

[gaps0214]

have you been physically present in USA all your life? People need to travel and sometime they are frequent. I think this mentality that you have to remian in USA for all your GC time is wrong, People has family in other countries too, What us the harm in travelling if someone is making residency in USA. Usually this arguments comes from people who don't have spouses waiting from another country, spare some thoughts for people like me who are seprated from families for 3-4 yeas. I hope you will never face this position in your timr.

I didn't get green caard though employment. I could take a leave and spend time with wife but i was working beacuse my compnay needed me to do... Best of luch for your troubles you will be facing in your life..

If you are going to be very rude to suggestions, you should not be asking for advice, this is a forum of people who are in the same journey, we always are trying to help each other, if you are not liking the response to your post, please try to be civil.

It doesn't matter how you got your green card, you are subject to the same rules as every body else in keeping that eligibility. Read through this https://www.uscis.gov/green-card/aft...nent-residence and maybe it will answer your questions.

Good luck to you as well and no trouble at all, we all try to help.

Cheers,