PR since '93 but in and out of US, can they take my status away ?

[mymexicanman]

I have been reading so much today and am worried now.

Anyway, I am a Permanent Resident since 1993, I was in and out of the country several times.

In - 05/93
In - 08/93
In - 11/99
In - 08/00
In - 11/00
In - 03/01
In - 04/01
In - 05/01
In - 09/01
In - 02/02
In - 04/02
In - 11/02
In - 03/03
In - 06/03
In - 10/03
In - 05/04
In - 08/04
In - 02/05
In - 04/05
In - 07/05 til present and have no intensions to leave.

From /99 until September 29. 2001 I entered USA as a Visitor. I did show my Greencard but the Immigration said to fill out the green form which makes me a visitor. Anyway October 1. 2001 I was in California and went to USCIS and reported my card being lost and they issued me a new one. (Unfortunatly my first name was mispelled) I have my Card in my hand with the worng name and have applied for replacement. Recently I got mail stating they lost my paperwork and for me to refile for I-90 (Error on behave USCIS).
They also said when I called that it is ok to have a green card as long as it has NO MORE THEN 2 INCORRECT ERRORS.

Now, since I always traveld kind of a tourist, I guess I am lucky that they issued me my card since I was out between 93 and 99. (over a year).
They never said anything and gave me my card without any questions.

Now I have to refile the I-90 to correct the error of my first name.

Am I risking that they will take my status away ?????
What if they look more closely into their PC and see that prior I entered as visitor instead of a resident which they should have seen already in 2001 when I filed for lost card.

I am concerned, can someone help me pls.

[Coventrated]

I think you lost your status.

But as long as you do not apply for citizenship, it may go unnoticed.

[mymexicanman]

WOW I hope that you are incorrect...

I wonder why havent they stopped me while I traveld all these years and took my card/status away.

In the meantime I talked to USCIS and told them about my card with the error and they said to re applie a new I-90 but file as card being lost.
I hope this will go through.

I own a house here in USA, my son is 16 and attends highschool.
It would be horrible for me to lose my status. Where would I go.

Also this is a error behave on USCIS. Maybe back in 2001 when they issued me my card (with wron spelled name) the laws was different ?

I need to know but dont want to risk anything. What should I do ?

HELP

[Luckysprite]

Unfortunatly - I don't have a lot of knowlegde on this situation - I do know that they could take your status away if you are out of the country for more than a year - which you obviously were - but I don't know if that is something that they automatically do - or only if it is brought to their attention by other means.

This would be a great question to ask Laurel Scott - an excellent attorney who hosts a free chat every Wednesday. I know she does email and phone consulations for a small fee too - but with this simple of a question, her chat might be the best way to go.

[mymexicanman]

Thats a great IDEA. I hope I can attend the chat on Wednesday.

Do u have any IDEA on how to ask this question since it is so long in explaining?

I just wanna make sure that it is understood correctly.

Danke......

mmm

[Luckysprite]

Ummm...I guess I would say something to this effect

"I became a LPR in 1993. In 8/2003 I left the US for 7 years. Upon returning, I lost my my green card in 2001 and filed for a new one with USCIS. They issued a replacement, with my name misspelled. I contacted them hoping to fix that and they lost my paperwork but said that as long as there are no more than 2 mistakes it should be ok. I have left and re-enterd several more times, never for more than a year though. My question is that since I was out of the US for 7 years, can they revoke my residency. Even though I have contacted them since, They have never informed me that I am out of status."

I hope I got all of your facts clear - but that was my understanding of your situation and in relatively simple terms. I hope this helps you out.

[Luckysprite]

I think you lost your status.

But as long as you do not apply for citizenship, it may go unnoticed.

You may also want to mention something about this too - if applying for citizenship would be risky.

[maekju]

mymexicanman,

All those times traveling out of the U.S they never questioned you about how you maintained your residency.
My step daughter wants to return to the states after being out for 11 months.
I have a feeling she's going to have some problems.

[mymexicanman]

No they never asked me anything.. But from 99 to 2001 I always entered as a tourist. Once I was INSIDE USA in 2001 I applied for I-90 replacement card and got it issued. Even then they did NOT say anything to me neither did they ask me anything. Either they did NOT check their records or maybe they only hold the tourist info for a short time and they just believe that I was never out. I have no idea.


Every time I entered, after 2001 as a LPR, with my new misspelled card, I was nervouse when they put my Passport through the machine, but nothing ever happened. Never asked me anyhting.

mmm

[mymexicanman]

Always when I flew back home to germany, I showed my passport and my green card and the airline lady only wanted to see my passport.

Maybe thats why. I have no idea. But also Germany is not much of a threat to the US. Germans are not considered to be suspisios.

Sorry for my english.

mmm

[Coventrated]

When leaving the US they only need to make sure you will be allowed in where you are going. And a German passport would suffice.

My guess is that when you obtained a duplicate they never tied up that you had been entering as a visitor.

PR's have to enter as PR's, I believe that by entering as a Visitor you abandoned your PR status.

Now the million dollar question is whether they will ever tie things up.

[maekju]

I hope my daughter has the same luck returing from So. Korea. She's been gone 11 months.
You're doing just fine with your English.

Thanks

[mymexicanman]

As long as she wasnt gone for 364 days she should be fine.

Most likly they ask her how long she was gone if they even ask that.

When they asked me that I answered 3-4 weeks and that was it even though I was gone longer. I couldnt remember how long. THey never made a big deal.
I wonder where do they look up those kind of infos. Shouldnt their PC tell them how long someone was gone ?

[Coventrated]

Have you contacted Laura yet?

They always ask me how long I have been gone.

A friend of mine had a major grilling, he had been gone for 5 months. Made him naturalise.

[mymexicanman]

Yes I contacted Laurel,

she will get back with me, she has to do some research.

[Coventrated]

I am sure she does.

I would be interested in the answer, up to you of course.

Particulary interested if my assumptions are wrong.

[maekju]

I'm pretty sure they will ask my daughter how long she's been gone. I'm thinking about telling her to say she went back to Korea to finish her education. I just hope they don't ask her to prove it. I guess she could say she didn't finish for some reason and plan to go back in the near future.
We'll see.

[mymexicanman]

When they ask just say a few weeks. I doubt very much that they know how long she was gone. I am the living proof.

[Marie]

i think it really depends on who you get at the poe, some of them are more anal than others.