Dear Atty. Lou,
I just wanted to inquire about departure and arrival dates law. My mother-in-law was granted a permanent residence visa about 3 years ago and she only stayed here maybe a total of 6 – 7 months. Is there any chance that her green card would be cancelled or revoked? She backdated her passport once, paid about $50 in the Philippines and was able to re-enter the US, isn’t it this an act of forgery? Also just recently because she stayed in the Philippines longer than allowed. I learned that she purposely lost her passport and green card and now she received a new one and she was saying that that’s her reason why she wasn’t able to come back on time. My question is, can it be cancelled because of the primary reason of her not fulfilling the real purpose of being a permanent resident and that is being a permanent resident which means you have to stay, work and live here? It seems that it’s being used as a purpose of visiting only like one who is on a tourist visa- stay here for 2-3 weeks then come back in Philippines for 10-11 months. She was also saying that there’s no record of departure because they do not stamp the passport here in the US when you leave only when you arrive basically, is this true?
I’ll appreciate your help and I just wanted to provide solid information to my wife because she is concerned that her mom will eventually lose her green card in a matter of time. It looks like she’s circumventing the US law thinking she can get away with it every time.
Sonny
Dear Sonny,
You raise a very usual but valid concerned in regards to your mother in law’s green card. The US immigration law provides for the issuance of green card to those individuals who are permanent residence either through petition by a family member or through employment. The process of obtaining green card can be simple or very complicated depending on the basis of the application. It can also vary in time from less than a year to twenty- five years depending on the nature of the petition.
For those who are in possession of their green cards, they should use it for purposes it was issued, that is, to work and stay in the United States and to make US their permanent place of abode. In the case of your mother in law, it looks like she just wants to have in her possession the green card that was issued to her. She does not appear to have the intention of staying in the US permanently. Since her intention is just to keep her green card and not use it to live and work here, there is a very strong probability that the Customs and Border Protection (CBP) officer will most recommend the revocation of her green card upon her entry in the US. Most likely, she will be charged under INA § 212(a)(7)(A)(i)(I) after she is found to have abandoned her status.
The most obvious indicator of abandonment is a prolonged absence outside the United States exceeding one year without special authorization for re-entry. The CBP Inspector’s Field Manual (IFM) lists several other “indicators of possible abandonment of permanent resident status” including: (1) Employment abroad; (2) Immediate family members who are not permanent residents; (3) Arrival on a charter flight where most passengers are non-residents with return passage; (4)Lack of a fixed address in the United States; and (5)failing to file U.S. income tax returns while living outside the United States or self-declaring to be a “non-resident” on U.S. tax returns.
Backdating of departure-arrival stamps on the passport is unlawful. You are right that she may be criminally liable for doing this type of action. The database of the US Department of Homeland Security is now very extensive and sophisticated that arrival and departure information may easily be verified through their programs. You may want to warn your mother in law about this and to desist from engaging in such an unlawful activity.
Atty. Lou
(Lourdes Santos Tancinco Esq .is a partner at the Tancinco Law Offices, a Professional Law Corp. Her office is located at One Hallidie Plaza, Suite 818, San Francisco CA 94102 and may be reached at 415 397 0808, email at law@tancinco.com. The content provided in this column is solely for informational purposes only and do not create a lawyer-client relationship. It should not be relied as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You may submit questions to law@tancinco.com)
