Visa conditions - international travel restrictions?

landofoz · #1 (**permalink**) 30th October 2010, 06:37 AM

I'm wondering if any of you USA expat experts can give me some advice. A relative moved to the States 6 years ago and on leaving told the family that visa/greencard conditions would prevent them from leaving the USA for 12 months. For the past 6 years we have heard all manner of stories; legal stuff-ups, complete reapplication process, etc. All the while the same story has held fast - that their status is conditional on them not leaving the USA for any reason. I'm a complete skeptic but I wondered if anybody can tell me of any possible scenarios where this is feasible? Cheers

mamasue · #2 (**permalink**) 31st October 2010, 04:40 AM

He's right.....
A greencard holder can't leave the US for longer than a year, without it being considered abandonment of status.
If he applies for a re-entry permit before he goes, I think he can get another year.

If he's been a GC holder for 6 years, why doesn't he apply for US citizenship..... then he can come and go whenever he wants.

landofoz · #3 (**permalink**) 31st October 2010, 04:56 AM

Thanks for responding Mama Sue ...no he keeps saying that he is not allowed to leave at all for any amount of time period! He keeps saying that because of his status he has to remain in the States permanently and cannot travel internationally at all.

mamasue · #4 (**permalink**) 31st October 2010, 10:19 PM

If he's a greencard holder, he can come and go whenever he pleases, within the time limits...(not staying out over a year)
If he's just applied for AOS (adjustment of status) then he needs to stay in the country until he gets a travel permit....
But after 6 years here, if he can't leave the country. my guess is that he's got no greencard and he's here illegally..... unless he's BS'ing you about not being able to leave.
I've been a greencard holder for almost 4 years, and my husband and I travel extensively..... never had a problem.
So..... if he's really a greencard holder, he's BS'ing you.
If he's not a greencard holder, he's also BS'ing you!
My guess is.... he has no greencard.

landofoz · #5 (**permalink**) 31st October 2010, 10:40 PM

Thanks again MamaSue ... after trawling around sites on Google this has been my conclusion as well!

Davis1 · #6 (**permalink**) 3rd November 2010, 01:07 PM

Quote:

Originally Posted by landofoz

Thanks for responding Mama Sue ...no he keeps saying that he is not allowed to leave at all for any amount of time period! He keeps saying that because of his status he has to remain in the States permanently and cannot travel internationally at all.

that person is simple and an idiot ...or he dont want to vistit you all

flybe · #7 (**permalink**) 22nd December 2010, 05:55 PM

I think actually it is around the change of status thing. If you are on a visa and wish to apply for a green card, while the application is in progress you can't leave the USA. If the application has a problem etc or drags out you can effectively be stuck in the USA during the process. My immigration lawyer was telling me they have a number of clients where this has dragged out to a number of years.

So your relative could be telling the truth.

Davis1 · #8 (**permalink**) 22nd December 2010, 06:01 PM

They are simply in the US illegally ...no other reason

flybe · #9 (**permalink**) 22nd December 2010, 06:40 PM

Quote:

Originally Posted by Davis1

They are simply in the US illegally ...no other reason

Blimey, I think that's a bit sweeping! You could be there 6 years on a L1 visa perfectly legally and be going through the GC process. As I said my immigration lawyer has several cases going on of the same nature and has said that it could happen tome due to my criminal conviction if we were to get a visa and the try and change the status.

Fatbrit · #10 (**permalink**) 22nd December 2010, 06:57 PM

Quote:

Originally Posted by flybe

Blimey, I think that's a bit sweeping! You could be there 6 years on a L1 visa perfectly legally and be going through the GC process. As I said my immigration lawyer has several cases going on of the same nature and has said that it could happen tome due to my criminal conviction if we were to get a visa and the try and change the status.

Often happens when the story is third hand! Reason I didn't bother guessing in this thread. It's difficult enough to elicit the relevant facts when you're communication directly with the person. When it's hearsay, you can forget it!