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  #1  
Old 02-14-2010, 01:58 PM
sumant18 sumant18 is offline
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Default Returning on Green Card without Re-entry permit

I am posting this on behalf of a friend who is currently in India.

She moved back to India in Feb 2009 when their GC was in process. They got their GC in May 2009. Now, she wants to come back to the US for a visit. She had not applied for any re-entry permit before leaving or after which apparently would have allowed her to come back relatively easily. Her husband has been maintaining the status so far but she has not visited US since she left in Feb 2009. Since her GC was approved in May 2009, technically it is still less than a year since approval that she is out of the country.

Question: What can she do (if anything) to come back for a visit.

Thanks for any feedback.
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  #2  
Old 02-15-2010, 12:26 PM
sumant18 sumant18 is offline
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<<bump>>
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  #3  
Old 02-15-2010, 12:33 PM
desi3933 desi3933 is offline
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Default

Quote:
Originally Posted by sumant18 View Post
I am posting this on behalf of a friend who is currently in India.

She moved back to India in Feb 2009 when their GC was in process. They got their GC in May 2009. Now, she wants to come back to the US for a visit. She had not applied for any re-entry permit before leaving or after which apparently would have allowed her to come back relatively easily. Her husband has been maintaining the status so far but she has not visited US since she left in Feb 2009. Since her GC was approved in May 2009, technically it is still less than a year since approval that she is out of the country.

Question: What can she do (if anything) to come back for a visit.

Thanks for any feedback.
Was she maintaining H-1/H4/L1/L2 status when she left in Feb 2009?
What is status for her husband? Is he GC holder?
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  #4  
Old 02-15-2010, 01:26 PM
sumant18 sumant18 is offline
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Default

She was on L2 when she left. Her husband is a GC holder and he has been visiting the US and thus maintaining status but not her. It was her husband's application to begin with.
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  #5  
Old 02-15-2010, 02:09 PM
fromnaija fromnaija is offline
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Quote:
Originally Posted by sumant18 View Post
She was on L2 when she left. Her husband is a GC holder and he has been visiting the US and thus maintaining status but not her. It was her husband's application to begin with.
Visiting the USA does not make him maintain his GC. GC is for permanent residency and that implies that the holder lives in the US permanently except for temporary visits abroad.

Having said that, his wife has not entered the US since her GC was approved. It may be tough explaining this at the POE. Sorry, I do not have clear-cut answer for this.
__________________
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"All the problems we face in the United States today can be traced to an unenlightened immigration policy on the part of the American Indian."
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  #6  
Old 02-15-2010, 02:24 PM
roseball roseball is offline
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Quote:
Originally Posted by sumant18 View Post
She was on L2 when she left. Her husband is a GC holder and he has been visiting the US and thus maintaining status but not her. It was her husband's application to begin with.
AFAIK, to maintain GC status one has to be physically present in US for 183 days in a year. If they cannot fulfill this requirement, they are supposed to apply for a re-entry permit and get it approved before leaving US. With regards to your friend, since she has not entered US since her GC approval, its better to hire an attorney to get the right advise in order to not jeopardizing her GC. I know of a friend who lost his job, got fed up with waiting for GC and moved back to his home country in June 2009 and his EB based GC was approved in Sep 2009. He entered US last week on his GC and nobody questioned him (maybe because he entered within 6 months of GC approval). Not sure if your friend can do the same since she has been out for more than 6 months since her GC was approved.
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  #7  
Old 02-15-2010, 04:43 PM
dummgelauft dummgelauft is offline
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Default Abusers!!

Hey, tell you "friend" and they can not have their cake and eat it too.
People here are waiting patiently, in long queues and your friends, very conveniently, have chosen to WASTE a visa number, just because they can. Just because, they want to USE it like a conveninence.
What your friend is contemplating is illegal. I hope they catch her/him at the POE, cancel their greencard and deport their sorry ass back to their home country.

Admins, please get this OP's IP address and then pass on this info to USCIS, to they can get his/her friend.
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  #8  
Old 02-15-2010, 05:17 PM
desi3933 desi3933 is offline
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Default

Quote:
Originally Posted by sumant18 View Post
She was on L2 when she left. Her husband is a GC holder and he has been visiting the US and thus maintaining status but not her. It was her husband's application to begin with.
Was her husband at L1 status when she left USA, since L2 is valid only if primary beneficiary is maintaining L1 status. This is important, since leaving without proper L2 status or Advance Parole, her I-485 application can be considered abandoned.

When was I-485 approved for husband?

She can still opt for follow-to-join at US consulate and get green card if/ when the priority date is current for her husband.

By being green card holder, her husband MUST maintain ties to United States to maintain his green card. This could affect your ability to get green card by follow-to-join.

You should consider getting professional advice from immigration attorney.



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  #9  
Old 02-15-2010, 07:47 PM
sumant18 sumant18 is offline
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Default

Quote:
Originally Posted by dummgelauft View Post
Hey, tell you "friend" and they can not have their cake and eat it too.
People here are waiting patiently, in long queues and your friends, very conveniently, have chosen to WASTE a visa number, just because they can. Just because, they want to USE it like a conveninence.
What your friend is contemplating is illegal. I hope they catch her/him at the POE, cancel their greencard and deport their sorry ass back to their home country.

Admins, please get this OP's IP address and then pass on this info to USCIS, to they can get his/her friend.
Without knowing the individual personal circumstances it is very easy to comment on someone else about whom you have no idea whatsoever. I can understand your frustration waiting in line patiently. You are not the only one. You probably need some mental counseling, the lack of which is causing you to rant here without cause. Again, I totally understand and can only sympathize with your mental status. Do something productive and you should be fine.

On your issue with this being illegal, if my friend has done anything "illegal", I am sure she will be treated appropriately at the POE. You don't have to waste your mental faculties trying to play detective here. It will only worsen your mental status. Just pray for a speedy process of your GC.

Good luck and take care.
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  #10  
Old 02-15-2010, 09:36 PM
dummgelauft dummgelauft is offline
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Default We have a psychologist!!

Quote:
Originally Posted by sumant18 View Post
Without knowing the individual personal circumstances it is very easy to comment on someone else about whom you have no idea whatsoever. I can understand your frustration waiting in line patiently. You are not the only one. You probably need some mental counseling, the lack of which is causing you to rant here without cause. Again, I totally understand and can only sympathize with your mental status. Do something productive and you should be fine.

On your issue with this being illegal, if my friend has done anything "illegal", I am sure she will be treated appropriately at the POE. You don't have to waste your mental faculties trying to play detective here. It will only worsen your mental status. Just pray for a speedy process of your GC.

Good luck and take care.
Oh yeah..you Mr Freud...If well, if there is a GENUINE "circumstance" that your friend is in, there there is nothing to worry...follow the proper channels, get a PROPER ATTORNEY'S opinion, by spending some real money.

This is a public forum and if your sensitive derriere can not take some heat, then bugger off.
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  #11  
Old 02-16-2010, 11:16 AM
sumant18 sumant18 is offline
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sumant18 will become famous soon enough
Default

Quote:
Originally Posted by dummgelauft View Post
Oh yeah..you Mr Freud...If well, if there is a GENUINE "circumstance" that your friend is in, there there is nothing to worry...follow the proper channels, get a PROPER ATTORNEY'S opinion, by spending some real money.

This is a public forum and if your sensitive derriere can not take some heat, then bugger off.

Oh well..I now realize that you really have a genuine problem, mental I mean. Going through all your posts (Immigration Voice - Search Results) there is not one iota of constructive comment/response. I kind of wondered about it because in my experience including this latest post (with your exception of course) people are very cordial to each other on IV. But again, everyone is different, I forget.

Please do yourself a favor and go get some help ASAP. I can pitch in with some REAL MONEY and recommend a PROPER PSYCHIATRIST if you like. I am not the one to treat you as you seem to have mistaken. But please indulge me for a moment. Playing an amateur psychiatrist here, I think it may be ADD that you are suffering from: Attention Deficit Disorder. You need to preserve your sanity to at least enjoy that one moment of elation that I have heard occurs when your GC finally comes through (if/when that happens). After that you can go bonkers on the whole world.

Take it easy. Try some deep breathing exercises. I have read it helps a lot.
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  #12  
Old 02-16-2010, 12:07 PM
dummgelauft dummgelauft is offline
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Default Dr. Freud..

Quote:
Originally Posted by sumant18 View Post
Oh well..I now realize that you really have a genuine problem, mental I mean. Going through all your posts (Immigration Voice - Search Results) there is not one iota of constructive comment/response. I kind of wondered about it because in my experience including this latest post (with your exception of course) people are very cordial to each other on IV. But again, everyone is different, I forget.

Please do yourself a favor and go get some help ASAP. I can pitch in with some REAL MONEY and recommend a PROPER PSYCHIATRIST if you like. I am not the one to treat you as you seem to have mistaken. But please indulge me for a moment. Playing an amateur psychiatrist here, I think it may be ADD that you are suffering from: Attention Deficit Disorder. You need to preserve your sanity to at least enjoy that one moment of elation that I have heard occurs when your GC finally comes through (if/when that happens). After that you can go bonkers on the whole world.

Take it easy. Try some deep breathing exercises. I have read it helps a lot.
Oh! Dr. Freud has spoken again...Thanks much for the concern. Where would I be, in this bad-bad dog-eat-dog world, were it not for your priceless advice...
Why don't you start a fundraiser for the "Real Money" that you can contribute for "helping me"...Dr. Freud, you already are going bonkers...you actually took the time to look at MY POSTS on IV..wow!!...thanks for giving me so much attention...the one that according to you " I am suffering from the lack of".
Haha..you are letting me tick you off and control you. Wonderful.......

Last edited by dummgelauft; 02-16-2010 at 12:09 PM.
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