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Legal Eagle: Re-entry problems for green card
holders
 Nandini
P Nair explains the problems a green card holder can face for overstaying
overseas beyond six months
We recently read the following information on
a website: “Green card holders can stay out of the US for six
months without any questions upon re-entry to the US. From six months
to one year, you will not be denied entry, but most likely you should
have a valid reason as to why you overstayed past the six months.
From one year to two years, you must obtain a re-entry permit before
you can return to the US.”
We were not aware of the regulation that a green
card holder should only stay outside the country for six months.
My husband has been outside the US for almost 10 months. We have
two questions:
1. How long has this regulation been in place?
2. Can we do something to smoothen the re-entry
process?
—Gauri Rawat
This regulation has always been in place, they
are now just getting stricter in enforcing the post six-month rule.
Please note that he will be questioned at re-entry and he needs
to be ready for this. Since he has been out for 10 months, I recommend
that he come back to the US immediately and state the reasons as
to why he stayed past the six months and please have physical evidence
of the reason. In addition, he should have with him proof that he
did not abandon his home in the US. Proof can include copy of lease,
credit card statement, utility bills, etc.
My mother was a green card holder in 1986. She
returned to India since she was not comfortable living in the US.
She did not bother renewing her green card since then. Her sister
(who was a US citizen) passed away last week, and she wants to come
to the US to visit the family in Los Angeles. Is there any way my
mother can apply for green card renewal? Is a visitor’s visa
the only solution.
—Rohit Khanna
The only solution is for her to apply for a tourist
visa since her green card is no longer valid. For her to get her
green card again, she will have to restart the entire process.
I am in the US on an H1-B visa. My spouse who
is on an H-4 visa, was offered a job recently. Can she begin working?
—Sumit Sanyal
Firstly, an H-4 visa holder is not authorised
to work. The person on an H-4 status must have an employer to file
an H1-B petition or other working category to enable him/her to
work in the US. Once the petition is approved with a change of status,
then the person is in the new, work status and can take the job.
The spouse must meet all requirements of the H1-B specialty occupation.
But please note that H1-B quota has been completed for this fiscal
year and the new quota begins only on October 1, 2004.
I am working in Nashville on L1 visa since May
2003. My employer wanted to change my visa status from an L1 to
H1-B. Recently we came to know that the H1-B quota has expired.
Am I going to be affected by this. The company has filed for an
L1 extension for me.
—Murli Krishna
Yes, the H1-B quota is over for this fiscal year.
I am a bit confused as to why your current employer is trying to
change your status since you are in valid L-1 status, unless I am
assuming you are currently working at a client site in violation
of L-1 regulations.
Nandini P Nair is a US Immigration Attorney
based in New York, US. E-mail: dininair@aol.com
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