When you return as a lawful permanent resident to the United States after a long absence, occasionally Border Patrol will accuse you of abandoning your green card. This can happen at any port of entry. It’s hard to know when the officer will be paying close enough attention to realize that you have been out of the country for longer than is commonly allowed under immigration law. Absences that cause a problem is six months in any calendar year. This can be in one trip or cumulative.
In my experience these types of problems usually arise at an airport port of entry. The officers can often seem quite intimidating because they have enormous power, and you have very few resources when you are at the border. Indeed, you have very few rights when you’re at the border. It is sort of a no man’s land legally.
The border patrol officer is essentially judge, jury and executioner. As a result, you may feel like you’re at the whim of one individual. One of the most important things to remember is that you have an absolute right to have your case reviewed by an immigration judge, unfortunately many of the officers may not know this or do not want to let you exercise this right. You have no right to an attorney at the border however as a courtesy some Border Patrol agents will let you call a lawyer or make one phone call. Accordingly, it might be a good idea to always have the phone number of an immigration attorney at the ready. The officer is required to permit you into the country under something called parole. It’s an odd legal fiction which allows you your “body” to enter the United States however legally you still remain at the border. You’ll be referred to seeing an immigration judge. Unfortunately, the time between when you enter and the time when you actually have a hearing could be many years. The arguments that typically will succeed in this type of immigration court hearing involve proving that when you left the United States it was for an activity that had a defined beginning and end and that you intended to return to live in the United States. The primary three categories are:
• Number one, you were taking care of an ill relative who either recovered or may have passed away.
• Number two, you were attending school or some sort of training.
• Number three, short term work project or assignment that had a defined beginning and end.
Associated with these arguments you must also prove your ties to the United States. This can be a long list of factors. Some of the most important ones are essentially related to money.
• Banks account in the United States with a fair amount of money in it.
• Maintained a home in the United States either a rental or you own the property.
• At a great number of belongings in the United States.
• Finally whether or not you have family in the United States.
Please contact my office if you’d like to discuss these issues in more depth.
