Law Offices of RL Johnson’s Blog

Rod.

The wife has went back to the US. She said that they gave her a hassle about staying out for 6 months. Something about a fine. I called previously to her leaving and they said it would be no problem as long as she was back in time to renew her card. Next month she will be 6 months out from her green card expiration and we have to renew for the ten year. I could use a little help.

They treated her rather badly but then let her back in anyway. She said that they guy typed a whole bunch of stuff in to the computer. Talked about some fine. Told if she wants to keep her green card she has to stay in the US. The only reason she stays there is for me. I would much rather live in Thailand but it is just not possible right now. No money there. I just got back to Iraq from RR with WT I have to go to a meeting right now I will get back with you later. Could you give us a little guidance. I would appreciate whatever help you could give me.

JT

ATTORNEY RL JOHNSON’S REPLY – Thursday, April 24, 2008 8:00 AM

JT,

The following is in response to your requests.

1. WT ’s Green Card: You write, “Next month she will be 6 months out from her green card expiration and we have to renew[.]” You both must petition to remove WT’s “conditional status” within 90 days of her expiration date. Once WT’s within the 90-day period, you need to submit Form I-751, which I have attached along with the instructions.

JT , note well that you must sign the petition. If you don’t sign the petition, WT must request a waiver. Consequently, if you’re going to be away before and during the mandatory 90-day filing period, it’s probably best to complete and sign it on your end and mail it to her. Additionally, you must send the form with a money order or certified check for $545 (i.e., $485 + $80). Finally, pay special attention to the “Evidence of the Relationship” requirement of the petition (see Instructions, page 2), which lists documents that you must submit along with your petition. You should submit as many of the items from this list as you can.

2. WT’s Poor Treatment Upon Reentry: First, it’s important to note that border officers have enormous power. For instance, they carry the power of “expedited removal,” which means an officer can deny a green card holder reentry in to a U.S. if the officer spots a reason that the holder should not have been given a fiancé visa. If this happens at the border, the green card holder has to find transportation back to their home country and will be barred reentry into the U.S. for five (5) years.

Second, whenever an immigrant stays outside the U.S. for six months or more, the Service may challenge whether the immigrant has abandoned his/her U.S. residency. Consequently, border officers are trained to be suspicious of and question immigrants who have remained outside of the U.S. for six months or longer (in fact, staying away for a year or more guarantees that the immigrant will have to go to immigration court before s/he gets his/her green card back).

3. Potential Fine: Whenever the Service has reason to believe that any person has violated any of the provisions of the Immigration and Nationality Act, they will serve the person with a “Notice of Intention to Fine, Form I–79.” If you’re served with this notice, you’ll have 30 days to submit

“a written defense, in duplicate, under oath setting forth the reasons why a fine should not be imposed, or if imposed, why it should be mitigated or remitted if permitted by the Immigration and Nationality Act, and stating whether a personal appearance is desired.” 8 CFR § 1280.12.

If the border office mentioned a fine, then he suspected a violation of the Immigration and Nationality Act. In WT’s case, it’s possible that the border officer became suspicious of WT’s answers to his questions. For instance, if WT inadvertently communicated to the border officer that she plans to live in Thailand and the “only reason she stays [in the U.S.] is for [you]” the officer may suspect that WT should not have been given a fiancé visa. Be that is it may, you needn’t worry about a fine until and unless you’re served with a Notice of Intention to Fine, Form I–79.

However, whatever that officer typed could come back to bite you guys when your I-751 petition is reviewed by the Service. Remember, if WT does not plan to live in the U.S. permanently, the Service will not give her a green card.

I hope that this helps.

Please let me know if I may answer any question(s) that you may have.

I trust that this message finds you well,
/s/ Rod