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Green card Holder outside of the US for more than 6 months & less then one year

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  • Green card Holder outside of the US for more than 6 months & less then one year

    I need expert advice on my situation.

    Me and family (wife & two kids) are green card holders. I landed in USA (on last week of Dec 2016) on family based immigration status and after 10 days (on first week of January 2017) I left US and came back to my home country due to personal matters and finishing things at home: like to complete my children's school term, asset disposal/sell etc.

    I have heard that there is restriction/rule that GC holders must have to go back US with in 180 days. Unfortunately, in my case, 5 months have been passed since my departure from US soil and still I need 2 more months to finish things at home.

    Will it be any problem if I go to USA in 7th month or after 200 days (rather within 180 days). Will Immigration Officer stop me to enter in USA ? What would be the complication and associated risk and penalties , if any ? I am told that if I stays more than 180 days outside I will have issue at the port of entry in US when I come back.

    Please guide me. I am very confused on it.

  • #2
    Not sure where you heard that. The green card itself is valid for re-entry after an absence of up to one year. You may get more questions the longer you have stayed out; just be prepared to show evidence that you have maintained residence in the US.

    An absence of more than 6 months might interrupt your continuous residence for naturalization purposes, but that's a separate issue.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      Not sure where you heard that. The green card itself is valid for re-entry after an absence of up to one year. You may get more questions the longer you have stayed out; just be prepared to show evidence that you have maintained residence in the US.

      An absence of more than 6 months might interrupt your continuous residence for naturalization purposes, but that's a separate issue.

      Thank you Newacct for your prompt reply.

      Actually, while searching on website of US Custom and Border Protection (cbp.gov) I found following article :




      In this article, following information is written on which I need clarification.

      "LPRs who are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101."

      What does this new immigrant inspection procedures means ? Would appreciate your thoughts on it.

      Second, what kind of evidence would be required? I just have only FOUR things to show my residence/ties : GC, SSN, State ID, Bank Account/ATM Card.

      Anxiously waiting for our reply.

      Thanks

      Comment


      • #4
        Originally posted by mfaisalyounus View Post
        Thank you Newacct for your prompt reply.

        Actually, while searching on website of US Custom and Border Protection (cbp.gov) I found following article :




        In this article, following information is written on which I need clarification.

        "LPRs who are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101."

        What does this new immigrant inspection procedures means ? Would appreciate your thoughts on it.

        Second, what kind of evidence would be required? I just have only FOUR things to show my residence/ties : GC, SSN, State ID, Bank Account/ATM Card.

        Anxiously waiting for our reply.

        Thanks
        It means they are considered to be seeking admission, and are subject to grounds of inadmissibility (whereas a permanent resident out for a short trip is not considered to be seeking admission, and so can be let in even if they are inadmissible). But that is not relevant for most people as most people would not have any grounds of inadmissibility. Maybe only people who have had criminal convictions or drug convictions or communicable diseases should worry about this.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          It means they are considered to be seeking admission, and are subject to grounds of inadmissibility (whereas a permanent resident out for a short trip is not considered to be seeking admission, and so can be let in even if they are inadmissible). But that is not relevant for most people as most people would not have any grounds of inadmissibility. Maybe only people who have had criminal convictions or drug convictions or communicable diseases should worry about this.
          Thank you so much for your quick response newacct..

          Appreciate if you could also reply on the evidence required to be shown in my case. Would above mentioned evidence be sufficient ? please give your opinion.

          Regards

          Comment


          • #6
            Originally posted by mfaisalyounus View Post
            Thank you so much for your quick response newacct..

            Appreciate if you could also reply on the evidence required to be shown in my case. Would above mentioned evidence be sufficient ? please give your opinion.

            Regards
            Appreciate if anyone can reply on it.

            Comment


            • #7
              Still confused...

              I have similar issues that mfaisalyounus is experiencing and I'm still a bit confused.
              Is it possible for legal permanent residents to live abroad for 6 months to less than 1 year without filing an I-131?
              Can they retain their green card as long as they come back into the country once a year even for a brief period of time?

              Regards,

              Comment


              • #8
                Originally posted by cknag View Post
                I have similar issues that mfaisalyounus is experiencing and I'm still a bit confused.
                Is it possible for legal permanent residents to live abroad for 6 months to less than 1 year without filing an I-131?
                Can they retain their green card as long as they come back into the country once a year even for a brief period of time?

                Regards,
                once a year, if it is a short period of time (where the officer can see that the intention was not to stay in the USA but just to keep the GC sort of valid), the GC holder will eventually be served notice to appear in front of the immigration judge.

                If it was done once, my gut feeling is that it might be acceptable, but if done repeatedly, people will know that the GC holder is not intending to make the USA a place to really reside in.

                Comment

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