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Subject: Re: how long out of USA with green card. Posted on: Thu, 30 Nov 2006 08:05:41 -0800

happyjack wrote on 11/30/06 01:59:

>> Hi:
>>
>> These questions are quite fact specfic. It is NOT just a matter
>> of time.
>
> Hi and thanks for everyones reply.
>
> OK, If it WAS just a matter of time...what would it be 6 or 12 months?
> as everything else concerning responsibilities in Florida are in
> order.,property,taxes,bank account, credit cards,etc


You can temporarily be absent from the US for a maximum of one year. Note that
all trips abroad have to be temporary in nature, with a clear ending date.

> The situation is......based on the visa guys information I was going to
> stay in UK for Christmas and then head back to Florida,that would have
> put me just over 6 months in the UK,I have just spoken to a guy from UK
> who owns a property in Florida and also has a GC.....he tells me that
> he regulary exceeds 6 month absence from the USA,when he is asked[by
> immigration] at port of entry how long he has been out....he replies a
> couple of months SIR.....He says he has been doing this since 1992,he
> also says they[immigration] have no way of knowing how long someone has
> been out of USA,and that is why they ask......he says if they knew why
> would they ask.


Nowadays they know, because the airlines are required by law to transmit their
passenger manifests to DHS. That is all done electronically, and in particular
for arriving flights, DHS has it way before the flight lands. They even run that
through their no-flight databases, and if somebody they don't want is on the
flight, it gets diverted, which even makes the news (e.g., when former singer
Cat Stevens was on board earlier this year.)

> He has been out for more than 6 months before and told them 2 months and
> they say welcome home !!!!!


That eventually *will* fail. After 9/11, a lot of things changed. In particular,
they can now see on their terminals how long you've been out. And lying about it
is not a good thing to do...

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

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