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Thread: Possible denial at POE?

  1. #1

    Possible denial at POE?

    Hey Ron -

    My father passed away recently. I have had a green card for 1.5 years now and have lived in the US except for brief 1-2 day trips to Canada or Mexico.

    My father had a business overseas and I plan the following:
    1) Take the business over
    2) Initially manage it myself until it is stable enough so that I can hire a manager with the business.

    Long term I would like part of the operations to occur in the US. As a result I plan to establish initially some parts of the business in the US already. But that will be like 4-5% of the revenue of the parent company initially.

    I plan the following:
    1) Get a reentry permit since I will be gone for 2 years. I will explain my situation on the application
    2) I plan to maintain ties to the US by having the US company, having all my savings in the US, driver licence, credit cards.
    3) I plan to file taxes in the US
    4) I will be shipping my car overseas but I will drive on US plates (so there will be no import of the car overseas). After finishing my trip I will ship the car back. This will also imply I am a tourist in my home country.
    5) I will store furniture with my friend
    6) I will have an address with my friend and I will maintain a mailbox on top of that
    7) I will have a cell phone - I will need it because I will be coming back to the US

    Given all of this - have you seen a single case where a person got denied entry to the US with a valid reentry permit? Assume that I am a normal person with no criminal background etc.

    The issue I see in all of this is that after 2 years when I want to get back INS will allege that since I was running the company abroad for a while - I might as well keep on running it forever. So I am the one who subjectively sets the end date. INS might think I should have done it say in 2 weeks and I used all of my 2 years the maximum allowed by reentry permit and that is abusing the law. Given the fact that the climate for immigrants is getting worse every month - should I be worried if I go abroad for 2 years?

  2. #2
    Attorney at Law Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher has a reputation beyond repute Ron Gotcher's Avatar
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    Your plan is sound. Make sure you get the re-entry permit and you should not have any problems at all with what you propose to do.
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