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  • Maintaining GC

    Hi,

    I have a question regarding my situation. Would be very helpful if people who have any idea could share their thoughts and insights.
    I got my Green Card through EB1 process in 2014 September

    My Travel history
    Planned entry to US on 28th July and remain in US
    27 Apr 2017 entered US and returning to Netherlands on 20th May 2017 (Physically present in Netherlands for 2 months 8 days)
    Was In US from July 2016 to Nov 2016 (5 months), and was in Netherlands (to be with my husband) between Dec 2016 till Apr 26 2017 (4 months & 26 days)
    Got married in 2015 November. My husband lives and works in Netherlands.
    Was in US from Feb 2015 to Oct 2015 (9 Months)
    Got Green card in September 2014 on EB1 Category
    Was in US from Aug 2013 to Jan 2015 (1 year 5 months), went to India for Vacation 1 month Jan 2015-Feb 2015
    Was in US from Dec 2012 July 2013 (8 Months), H1B Visa, went to India for Vacation 1 month July 2013-Aug 2013
    Was in US from Apr 2011 2012 Oct 2012 On H1B visa (1 year 6 Months), went to India for Vacation 1 month Nov 2012-Dec 2012

    When i returned to US from Netherlands this time on 27th Apr 2017 the immigration officer asked why i was outside for 5 months.
    I mentioned that my husband lives in Netherlands and i went there to be with him.
    The immigration officer also asked my job status.
    I was working until Feb 2017 in a US based Software Company. Had to quit my job since i wanted to be with my husband in Netherlands.
    He said that i should not abuse the Green card and he said he believes me and he will let me in.

    I mentioned that we have applied for my husband's Green Card and we are just behind the priority date by a month and few days.
    My husband's F2A Family based Green Card was applied on 31st May 2016 and right now the priority date is Apr 8 2016.
    I was working in a software company until Feb 2017.

    My question:

    Our plan is to go back to Netherlands on May 20th 2017 and return back to US on 28th July 2017.
    In Calendar year 2016 i was physically present in US for 7 and 1/2 months and was in Netherlands for 4 1/2 months
    In Calendar year 2017 i have been physically present in US for 3.5 weeks or 24 days.
    Plan to be in Netherlands between 20th May and 27th July and return back to US for good.

    Is it safe for me to travel to Netherlands and return back in 2 months?
    I do not have a job right now.
    What is the chance that the immigration office will not let me in, when i come back on July 28 2017?
    I am planning to bring my W2 Tax return file document, Our wedding registration, My husbands Green Card i130 approval document as proof.
    We have an attorney who is filing my Husband's family based Green Card. Can we call him if at all the immigration officer stops me from entering USA?
    Would my Attorney be able to help me?

    your insights on how i can safely enter US on July 28 2017 after being in Netherlands for 2 months 8 days, would be greatly appreciated.

    Kindly share your thoughts/insights/suggestions

    Thanks a ton for your time and support
    Ana

  • #2
    It seems like the border agent already alerted you to the red flags being raised by your travel history. Personally I think it is too much of a risk to travel so soon again.

    I presume you are travelling with AP.

    ------------------------------
    Use this information at your own risk.
    Not legal advice.

    Comment


    • #3
      Originally posted by NettieL View Post
      I presume you are travelling with AP.
      You mean re-entry permit?

      Comment


      • #4
        Originally posted by inadmissible View Post
        You mean re-entry permit?
        No I am not travelling with Re-entry permit. I have a Green Card and i will be travelling into the country with the Green Card.

        - - - Updated - - -

        Originally posted by NettieL View Post
        It seems like the border agent already alerted you to the red flags being raised by your travel history. Personally I think it is too much of a risk to travel so soon again.

        I presume you are travelling with AP.

        ------------------------------
        Use this information at your own risk.
        No I am not travelling with Advance Parole, I am travelling with my Green Card which I received in September 2014.

        Thanks

        Comment

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