Visa, which way is better???

[Snuffy]

International Travel
A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

 

[Snuffy]

here is the link

http://uscis.gov/graphics/howdoi/PermRes.htm

 

[mamasboysdq]

Another visa question

Looking for info on the chances of obtaining a tourist visa for my girlfriend. We have been together for 5 years. I'm in the DR about every 6 weeks. She has the following:

Title to her own home.
Small business that is registered with the government, (pays taxes)
Shares in Banco Popular.
Over 1,000,000 pesos in her bank account
has been allowed in the US for a one time entry. She returned within the time frame of her visa.(the next visa attempt was denied)
Has traveled to 7 foreign countries. Always returning to DR.

We are thinking of going the tourist visa route because we don't intend on marrying within the 90 days required.

I'm just wondering if we should present all the evidence of our relationship or just go with her own "ties" to her country.
I am a US citizen but have lived outside the US for 21 consecutive years.

Any advice.

It seems like she has a clear shot, but after being denied the last time, we want to make sure this time.

Also will they allow me to go with her if we're not applying for a fiance visa?

Thanks for any advice.

 

[mamasboysdq]

Thanks for the reply

From what I was told by a reviewing officer, the responsibilty to prove she will return to the DR is all up to her. Nothing that you provide in the circumstances you mention below would help that. Since she has a good track record, she has a chance, unlike most people that ask this question.
If they provide the visa, I don't see any reason that you cannot travel together. Did they happen say why she was refused the last time?

No they didn't give her a reason, she was intimidated by the whole process and didn't have the presence of mind to question them.

 

[Musicqueen]

I know this is not DR related...

...but it is Immigration related...

My cousin left the US 2 years ago to go take care of her sick mom, my aunt, who died last year, and since she had been out of the country for more than 2 years, she lost her citizenship altogether...Now she has to reapply to come back here, where the rest of her family lives, and it could take her 10 years to obtain residency again...

Don't mess with the INS...

MQ

 

[rellosk]

My cousin left the US 2 years ago to go take care of her sick mom, my aunt, who died last year, and since she had been out of the country for more than 2 years, she lost her citizenship altogether...Now she has to reapply to come back here, where the rest of her family lives, and it could take her 10 years to obtain residency again...

Lost her citizenship? I wouldn't think that residency would be a requirement to maintain citizenship.

 

[tanya78]

I have a friend that has a green card and travels frequently to the DR for months at a time but never over 6 months. Sometimes he has a hassel and sometimes not, it all depends on the immigration officer you get. If you are planning on traveling there for long periods of time I wouldn't take any chances. The best thing to do is eventully get the US Citizenship, you have alot more protection to re-entering and with out the hassels.

This is a very good question and one that I am trying to get answered as well.

I have a few related questions:

How long do you have to enter the US the first time after you are approved for a Green Card?

As I understand it, the intent of the Green Card, or legal permanent residency, is that you intend to live and work in the US. If you choose to leave the US for periods longer than 6 months after you get the Green Card, then you will almost certainly be questioned and you could be refused re-entry into the US. In fact, you can be questioned about your motives and potentially refused re-entry any time you leave the country, despite having a green card. This is completely up to the discretion of the Immigration Officer. The Green Card is not really a perpetual multiple re-entry visa.


Does anyone have experience in this matter about lenghts of stay in the US and frequent travel back and forth to the US using a Green Card for re-admission?

 

[Musicqueen]

As I understand it...

You can only be away from the US for less than a year if you are a citizen, you must fly back here every year in order for you to maintain your citizenship...

That's what my parents do...they live here for 6 months, and then back to Uruguay for the summer there...

MQ

 

[rellosk]

You can only be away from the US for less than a year if you are a citizen, you must fly back here every year in order for you to maintain your citizenship...

That's what my parents do...they live here for 6 months, and then back to Uruguay for the summer there...

MQ

Are you sure your cousin was a citizen and she lost her citizenship solely because she was out of the US for 2 years? It doesn't sound right. Could it be she was a resident and not a citizen? I know of many people who have retired/emigrated to other countries and haven't returned.

 

[Musicqueen]

Yes, I'm sure...

She has been in the US for more than 20 years...but her Mom, my aunt, went on vacation to Uruguay and got very sick...she was diagnosed with cancer and couldn't travel, and my cousin, being the only single girl in the family decided to go back there to take care of her mom.

My aunt passed away last year, and now that she wants to return to the US, she can't. They won't allow her in...she needs to reapply for her Permanent Resident Card and that takes up to 10 years in my country...

The only way she could come back and apply for her Permanent Resident card would be to marry a US citizen, and go through the whole process again...wait 3 to 5 years after receiving her 'green card' and then going over the Naturalization process...

MQ

 

[Ricardo900]

You can only be away from the US for less than a year if you are a citizen, you must fly back here every year in order for you to maintain your citizenship...

That's what my parents do...they live here for 6 months, and then back to Uruguay for the summer there...

MQ

If i was born in the Good Ole US of A and I decide to live in the DR for 5 years, they won't let me back in
And if yes, I lose my citizenship, what country would I be a citizen in??

 

[ricktoronto]

You can only be away from the US for less than a year if you are a citizen, you must fly back here every year in order for you to maintain your citizenship...

That's what my parents do...they live here for 6 months, and then back to Uruguay for the summer there...

MQ

Green Card yes, citizen of course not, how absurd.

 

[Fiesta Mama]

They won't allow her in...she needs to reapply for her Permanent Resident Card and that takes up to 10 years in my country...

The only way she could come back and apply for her Permanent Resident card would be to marry a US citizen, and go through the whole process again...wait 3 to 5 years after receiving her 'green card' and then going over the Naturalization process...

MQ

Read the above - this is why she needs to start all over again. She did not have citizenship in the first place but rather had "Permanent Residence Status". It is the same in Canada... if you leave Canada for an extended period of time when you have only permanent residence status, they assume you do not want to make Canada your permanent home and they therefore revoke your privilege of being a permanent resident of the country. This is exactly why people who immigrate to Canada or the U.S. should obtain their citizenship as soon as they qualify to avoid losing it should they wish to live outside of the country for extended periods of time.

 

[bienamor]

Residency/citizenship

You can only be away from the US for less than a year if you are a citizen, you must fly back here every year in order for you to maintain your citizenship...

That's what my parents do...they live here for 6 months, and then back to Uruguay for the summer there...

MQ

Might answer the question

http://www.richw.org/dualcit/faq.html#possible

It was once the case that a naturalized US citizen could lose his citizenship by remaining outside the US for an extended period. However, this provision was invalidated by the Supreme Court in Schneider v. Rusk (1964) and was repealed by Congress in 1978.

More recently, a naturalized citizen could lose his citizenship by setting up a permanent residence abroad within one year following US naturalization. This provision was repealed by Congress in 1994, however, and no longer applies.

 

[rellosk]

She has been in the US for more than 20 years...

Although your cousin was in the US for 20 years, it sounds like she never applied to become a citizen.

 

[kelly2]

ote:
Originally Posted by windeguy
From what I was told by a reviewing officer, the responsibilty to prove she will return to the DR is all up to her. Nothing that you provide in the circumstances you mention below would help that. Since she has a good track record, she has a chance, unlike most people that ask this question.
If they provide the visa, I don't see any reason that you cannot travel together. Did they happen say why she was refused the last time?




No they didn't give her a reason, she was intimidated by the whole process and didn't have the presence of mind to question them.



This what I don't understand. It states that they have to give you a reason for denial, but they don't. You can not go with her, and they sometimes don't even look at the proof you bring.

What gets me is if they are a flight risk, wouldn't they have stayed the first time...

SOOOOO frustrating!

 

[kelly2]

The standard response given is that you did not present sufficient proof that you would return to the DR at the end of your visa time, i.e. we do not trust you. Not terribly meaningful, so I asked why and they said they don't give out a list of reasons for failing the test so they can avoid people learning that list and providing fraudulent paperwork that matches the requirements. Depending upon the officer, they may give you one reason for failing, but not all of them. I imagine this can all be kept secret under the auspices of Homeland Security.

But how can they determine whether or not you have the qualifications when they don't look at any of the "proof." There is no way to fight this is there?

 

[rellosk]

Hello Kelly2, no there is NO way to fight this. The only thing you can do is to keep re-applying and maybe some day get lucky.

At one point you I was told you had to wait a year before re-applying. Do you know if that still is (or was ever) the rule?

We have conversations often in our house about the huge number of Mexicans illegally in the USA. They are "allowed" to stay and perform the jobs others don't want to do. The question always comes up as to why doesn't the US allow people from the DR trying to legally enter the country and expel the Mexicans that entered illegally?

I know your frustrated but try not to take you frustrations out on Mexicans, who like the Dominicans, are trying to better themselves through hard work. There is also a large number of Dominicans in the US illegally and the government is not doing much to throw them out. But the large number of illegals are one of the reasons it is tough to get a visa.

 

[kelly2]

It says on the website that you can reapply as much as you want... but when my boyfriend called to make another appointment they said he couldn't... then I called back and made one. SO who knows...

But they also say not to reapply until you have what they said you were missing... but they don't tell you what you are missing because they don't give you a reason...

Funny how that works!