Can Greencard holder be denied entry at airport - Less than 6 months outside the US

Question

My wife came to the United States and stayed with me for a month. However, she had to go back to her country for personal reasons. When she returns to the United States, she will have been outside the country for a little over 4 months (125 days). Based on my research, my wife should be fine when she comes back, but in the worst-case scenario, could she be denied entry to the US? FYI, she has no criminal record, etc.

She also has a return flight ticket incase she has to go back for personal reasons. Will this be an issue?

---

It would help if you could add more detail: when did she get her Green Card and where has she stayed for how long after the Green Card got issued.

After she left, her green card arrived in our home. I sent her green card via mail. She securely received it. As far as where she stayed, she is from one of the developed/rich Asian (Japan, Korea, Singapore) countries. Fyi, if you don't mind, I'm trying to not say to much because this is public.

It helps if she can demonstrate that she intends to live in the US (have a job, bank account, credit card, driver's license, etc.)

She will be carrying her green card and social security card with her. Do you think that's enough?

Now if you indeed end up in secondary, that would be a good time to worry.

Why should I/my wife should be worried in this scenario?

My other question, will my children who are 6 and 7 year old be verbally inspected?

Answer 1

Your wife should not normally be treated as an "applicant for admission" if she has been absent for 180 days or less. See 8 USC 1101(a)(13)(C):

(C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien—
(i) has abandoned or relinquished that status,
(ii) has been absent from the United States for a continuous period in excess of 180 days,
(iii) has engaged in illegal activity after having departed the United States,
(iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this chapter and extradition proceedings,
(v) has committed an offense identified in section 1182(a)(2) of this title, unless since such offense the alien has been granted relief under section 1182(h) or 1229b(a) of this title, or
(vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.

If the officer has reason to believe that any of these conditions may be met, there should be a more comprehensive interview, which could ultimately lead to loss of permanent resident status. Contrary to the other answer, however, she can't be denied admission without a hearing before an immigration judge, unless the officers talk her into voluntarily abandoning her permanent resident status. Needless to say, she shouldn't do that if she intends to live in the US.

Answer 2

Unfortunately US immigration officers have a fair bit of "discretion" and as far as I know there are clear "black & white" rules. A single absence for 4 months is typically fine.

stayed with me for a month

It would help if you could add more detail: when did she get her Green Card and where has she stayed for how long after the Green Card got issued.

If that means she has only stayed for a month in the US before leaving for 4 months, she may get some extra questioning. It helps if she can demonstrate that she intends to live in the US (have a job, bank account, credit card, driver's license, etc.)

Any absences of more than 180 days or multiple extended absences are more of a concern. If you are gone for more than a year you need to apply for a reentry permit.

She also has a return flight ticket

If "return" means leaving the United States, that's not going to help, but there is also no need to bring it up. Your wife should portray her arrival in the US as "I'm coming home", NOT as "I'm here for a quick visit with my husband".

in the worst-case scenario, could she be denied entry to the US?

Yes. Unfortunately you can be denied entry for all sorts of reasons. It's not very likely but it's not impossible.

One thing to note: as long as you are standing at the regular kiosk, you are still ok. The first line immigration officer can (and often does) give you a hard time verbally but the worst thing they can really do is to send you to secondary inspection. Just stick to your story and stand your ground. Now if you indeed end up in secondary, that would be a good time to worry.

Anecdote: one of my sons went to college abroad while being on a Green Card and US immigration gave him grief every time he came home. We eventually went for citizenship which thankfully fixed that problem.

She will be carrying her green card and social security card with her. Do you think that's enough?

Social Security card is not going to help much. US bank account or credit card, driver's license, utility bill in her name, US phone number, etc would be better. Anything that shows that she actually lives (or intends to live) in the US and isn't just a sporadic visitor.

Why should I/my wife should be worried in this scenario?

Secondary inspection can take serious actions.. Primary inspection barks a lot but doesn't bite. What I'm saying: your wife can relax at primary inspection but in secondary you want to think very carefully about what you say and what you don't say.

My other question, will my children who are 6 and 7 year old be verbally inspected?

That depends on the specific of their travels. In most cases the officer may exchange a few words with them (if they speak English) but but as long as they are accompanied by a credible guardian/parent/adult there will be no real questioning.