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  • Absence from the US

    hi friends,

    a friend of mine told me, who has a green card, that every time hes being asked at the port of entry, how long he has been away, he sometimes doesnt tell the truth. He claims to have been away for 2 weeks instead of 2 months.

    How come the dont know? Is it because, his passport from england doesnt get stamped, when he leaves the US, only when he comes back.

    Any helpful answers are appreciated.

  • #2
    hi friends,

    a friend of mine told me, who has a green card, that every time hes being asked at the port of entry, how long he has been away, he sometimes doesnt tell the truth. He claims to have been away for 2 weeks instead of 2 months.

    How come the dont know? Is it because, his passport from england doesnt get stamped, when he leaves the US, only when he comes back.

    Any helpful answers are appreciated.

    Comment


    • #3
      The question why he lies about his stay outside the U.S. is for your friend. In general a green card holder needs to obtain an Advanced Parole (form I-131) if he/she plans to stay outside the U.S. for over 6 months.

      Cheers.

      Comment


      • #4
        A "green card" holder never gets advance parole. The I-131 should be filed for a re-entry permit (AP is for pending AOS) and it allows a permanent resident to preserve residence for a stay outside the US up to (but less than) two years.

        Comment


        • #5
          Green card holder needs re-entery permit only if s/he is going to be out of us for more than one year (not more than six months) If G.C holder plans to return to us in one year then s/he does not need any kind of permit

          Comment


          • #6
            I guess javed and old man are right...thats what i heard too.... if u r planning to stay out of usa for more than a year u need to apply for re entry permit ...that can be done at us consulate in other country also but its always advisable to do it here before going out of USA... i dont know why ur friend has to lie if he has green card and he is not breaking any law...tell him not to repeat this stupidity when he travels next time...good luck...Pasha

            Comment


            • #7
              That's what I meant, re-entry permit but the form is the same I-131. Yes, the law says to file for it if staying outside the U.S. for over a year but the CIS advises to file for stays over 6 months or run the risk of not being re-admitted.

              Cheers.

              Comment


              • #8
                Dear Sup.
                As per your post I understand that CIS requires the filing for re-entery permit if the stay out side is more than six months even if it is not over an year, while instructions on Form I-131 says there is no need to file for re-entery permit if stay out side is not more than a year.
                Can you pls inform where to find the CIS advice. Thanks

                Comment


                • #9
                  Pasha P.. if I remember correctly, there is a line like 'alien must be physically present in the USD when she / he files the application' in the instructions for filing for re-entry permit. It can not be filed at the consulate, but can be picked up there.

                  Comment


                  • #10
                    Hi aneri...

                    thanks for correcting me... yeah I misunderstood it... coz before somewhere I read you can apply here and give the address in home country and in that case u can contact consulate and get re entry permit... thanks once again for the correction...have a great day...Pasha

                    Comment


                    • #11
                      hertha: "How come the dont know? Is it because, his passport from england doesnt get stamped, when he leaves the US, only when he comes back"


                      They don't stamp it when he leaves the US, but they, most probably DO when he enters England.

                      So, the answer to your question "How come they don't know" most probably is that they just don't care... If they wanted to find out, they very easily could

                      Why in the world would he dant to lie about this anyway?

                      Comment


                      • #12
                        Hi weasel,

                        well because he left the US for more than a year and didnt get a reentry permit b4hand.

                        And NO, they dont stamp ur passport when you come home to england with ur British Passport, since u a citizen. Same goes for Us citizens when they reenter the US.

                        So maybe thats why they dont know, then?

                        Comment


                        • #13
                          hertha: "well because he left the US for more than a year and didnt get a reentry permit b4hand."


                          -----
                          He claims to have been away for 2 weeks instead of 2 months.
                          -----

                          Is two weeks more than a year, or two months? :-)

                          Comment



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