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  • visiting usa after 2.5 years...

    hi:

    i have been out of usa since jan2020. have re-entry permit.
    my re-entry document shows expiry dt: 01jul22, (more than 30 months after my departure from usa). - how? why?.
    arriving nj (ewr) on 20june22.

    1. can the cbp deny entry citing absence for excess of 2 years.
    2. is cutting it close to expiry dt be a factor in entry denial.
    3. if denied entry, could cbp deport me from the airport. (my layover is at abudhabi, where usa immigration can be cleared).



  • #2
    They can always deny you entry (no matter the length of absence) if they determine that you have abandoned residency. You having a valid Re-entry Permit means they are not to consider you have abandoned residency based on length of absence alone, but they can still consider you to have abandoned residency due to other factors.

    If you are entering through US preclearance at a foreign airport, and they deny you entry, you would just be left at the foreign airport. On the other hand, if you are not going through preclearance, and are entering at a port of entry in the US, and they deny you entry, and you refuse to sign I-407 to relinquish your green card, they would let you temporarily stay in the US while waiting for removal proceedings in immigration court. There, you can make your case to the immigration judge that you didn't abandon residence, so it's kind of like an "appeal" of the officer's decision. So if you want to have a second chance to make your case in case the officer doesn't allow you in, you should not go through preclearance.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      'If you are entering through US preclearance at a foreign airport, and...'
      this has been insightful. now, based on your understanding, i shall book with any other airline...thanks.

      when you say 'removal proceedings in immigration court...'
      -how soon will i have to appear? is it the next day after arrival.?
      -if judgement is 'removal', will i be deported on the spot.
      -statistically, what are the odds of gc removal proceedings being rescinded.


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