Outside the US for more than 6 months this year - Options at POE please

[dsri.sid]

Hello,
I am a GreenCard holder since 2011 and have a re-entry permit (RP) which expires on May 6th. I just came back to US on April 28th from a 5 month stay in India. I will need to go again to India on June 1st and return in Nov end (just before the 6 month deadline). Need to finish up few things and finally come back.
Will I have to again apply for RP, or is it OK as I will be still within the 6 month period. Reason to ask this is I haven't been in the US for 6 months this year, so will I be at risk at the CBP desk (port of entry) upon return.

I am sure many must be in the same boat, but couldnt find a suitable solution
Need your advice please, so I can apply for another RP if required.
Appreciate!
Siddharth

[dsri.sid]

Hello,
I am a GreenCard holder since 2011 and have a re-entry permit (RP) which expires on May 6th. I just came back to US on April 28th from a 5 month stay in India. I will need to go again to India on June 1st and return in Nov end (just before the 6 month deadline). Need to finish up few things and finally come back.
Will I have to again apply for RP, or is it OK as I will be still within the 6 month period. Reason to ask this is I haven't been in the US for 6 months this year, so will I be at risk at the CBP desk (port of entry) upon return.

I am sure many must be in the same boat, but couldnt find a suitable solution
Need your advice please, so I can apply for another RP if required.
Appreciate!
Siddharth

Anybody out there who can advice me on this please as I might loose my GC after all these years of effort and sacrifice to achieve it. loosing sleep on it

[rayb]

There is no "6-month deadline." There is a "one year deadline" at which point one must have a Reentry Permit.
For less than one year periods outside the U.S., a Reentry Permit is recommended to show "intent to return."

Your prior Reentry Permit cannot be used once you have left and returned (even though you didn't need to use it). I would recommend, however, that you apply for a new Reentry Permit.

--Ray B

Hello,
I am a GreenCard holder since 2011 and have a re-entry permit (RP) which expires on May 6th. I just came back to US on April 28th from a 5 month stay in India. I will need to go again to India on June 1st and return in Nov end (just before the 6 month deadline). Need to finish up few things and finally come back.
Will I have to again apply for RP, or is it OK as I will be still within the 6 month period. Reason to ask this is I haven't been in the US for 6 months this year, so will I be at risk at the CBP desk (port of entry) upon return.

I am sure many must be in the same boat, but couldnt find a suitable solution
Need your advice please, so I can apply for another RP if required.
Appreciate!
Siddharth

[dsri.sid]

There is no "6-month deadline." There is a "one year deadline" at which point one must have a Reentry Permit.
For less than one year periods outside the U.S., a Reentry Permit is recommended to show "intent to return."

Your prior Reentry Permit cannot be used once you have left and returned (even though you didn't need to use it). I would recommend, however, that you apply for a new Reentry Permit.

--Ray B

Thanks Ray for your suggestion!!!

So it looks like I should apply for a REP for 6 months even if it might get rejected, as I would leave immediately after fingerprints, at least it will then establish my "intent to return".

But will applying for a second REP (back 2 back) and if in case it gets rejected give any direction/pointers to the CBP officer that even though I got rejected, I still didn't care and went ahead traveling abroad?

Any final suggestions please???

[rayb]

What makes you think it might get rejected?
For a stay outside the U.S. of six months, you never needed a Reentry Permit, but you posted earlier that you were only out 5 months. Does that mean you obtained the Reenter Permit prior to two trips outside the U.S.?

At any rate,the Reentry Permit is usually good for up to two years, not six months.

On the other hand, if you have been coming and going in six-month intervals several time, you are likely to be challenged by the immigration officer and questioned about possible abandonment of your Permanent Resident status by being out of the country so much.

--Ray B

Thanks Ray for your suggestion!!!

So it looks like I should apply for a REP for 6 months even if it might get rejected, as I would leave immediately after fingerprints, at least it will then establish my "intent to return".

But will applying for a second REP (back 2 back) and if in case it gets rejected give any direction/pointers to the CBP officer that even though I got rejected, I still didn't care and went ahead traveling abroad?

Any final suggestions please???

[dsri.sid]

What makes you think it might get rejected?
For a stay outside the U.S. of six months, you never needed a Reentry Permit, but you posted earlier that you were only out 5 months. Does that mean you obtained the Reenter Permit prior to two trips outside the U.S.?

At any rate,the Reentry Permit is usually good for up to two years, not six months.

On the other hand, if you have been coming and going in six-month intervals several time, you are likely to be challenged by the immigration officer and questioned about possible abandonment of your Permanent Resident status by being out of the country so much.

--Ray B

Thanks for asking Ray!!!

Hi All,
Sorry for the confusion, let me clear it up. I got GC in July 2011 and have a 2 year REP from 2012 which expires this coming Tuesday (May 6th).

My India trips are as follows:

1. March 2012 for 2 weeks.
2. April 2012 to Oct 2013 - left to India after applying for a 2 year REP.
3. Nov 2013 to April 28 2014 - REP expires May 6th.

I need to be in India till Nov end this year to wind up few things but had to come back now just to make sure I don't loose my GC status. Now I need to go again to India and return in Nov (just under 6 months), actually need time till year end but planning to come back within 6 months just in case REP gets rejected.

My wife and 2 little kids (both born in US) are here since last May 2013 and we have leased out an Apt in Memphis, TN. I am also included in the lease and my wife works full time since last June and we have been filing taxes jointly every year. My parents will be coming to US in June (vistor visa) once I reach India to support my wife till I come back (again under 6 months). Everything will work out fine as long as I come back to US surviving the immigration officer at POE in Nov.

Upon return in Dec I want to get my license, etc. to be ready to find a job in January. This time I want to come back for good to my family, get a job, buy a home and get citizenship.

The main issue here as to why things might go wrong is that my current REP will expire tomorrow and wont support my Nov return and also I wont be able to satisfy the 180 day per year residency criteria to be in the country. This is the reason I am asking if I should apply for a REP again before leaving or is it OK if I come back within 6 months in Nov. In any case I just want to be safe than get into trouble with the CBP officer at POE.

So hope this gives a clear picture of my situation, please suggest.

[rayb]

Deri,

I'm not aware of a "180-day per year" U.S. residency requirement. It is true that the "continuous residency" requirement for eventual U.S. naturalization requires you to have been in the States at least half of the 5-year period (30 months), and any absence of 6 months or more must be explained when applying for naturalization.

Many immigrants return to their mother countries for school matriculation up to two years at a time, and/or extended stays outside the U.S. for employment purposes.

My advice, still, is to obtain a new Reentry Permit.

-Ray B

Thanks for asking Ray!!!

Hi All,
Sorry for the confusion, let me clear it up. I got GC in July 2011 and have a 2 year REP from 2012 which expires this coming Tuesday (May 6th).

My India trips are as follows:

1. March 2012 for 2 weeks.
2. April 2012 to Oct 2013 - left to India after applying for a 2 year REP.
3. Nov 2013 to April 28 2014 - REP expires May 6th.

I need to be in India till Nov end this year to wind up few things but had to come back now just to make sure I don't loose my GC status. Now I need to go again to India and return in Nov (just under 6 months), actually need time till year end but planning to come back within 6 months just in case REP gets rejected.

My wife and 2 little kids (both born in US) are here since last May 2013 and we have leased out an Apt in Memphis, TN. I am also included in the lease and my wife works full time since last June and we have been filing taxes jointly every year. My parents will be coming to US in June (vistor visa) once I reach India to support my wife till I come back (again under 6 months). Everything will work out fine as long as I come back to US surviving the immigration officer at POE in Nov.

Upon return in Dec I want to get my license, etc. to be ready to find a job in January. This time I want to come back for good to my family, get a job, buy a home and get citizenship.

The main issue here as to why things might go wrong is that my current REP will expire tomorrow and wont support my Nov return and also I wont be able to satisfy the 180 day per year residency criteria to be in the country. This is the reason I am asking if I should apply for a REP again before leaving or is it OK if I come back within 6 months in Nov. In any case I just want to be safe than get into trouble with the CBP officer at POE.

So hope this gives a clear picture of my situation, please suggest.

[dsri.sid]

Deri,

I'm not aware of a "180-day per year" U.S. residency requirement. It is true that the "continuous residency" requirement for eventual U.S. naturalization requires you to have been in the States at least half of the 5-year period (30 months), and any absence of 6 months or more must be explained when applying for naturalization.

Many immigrants return to their mother countries for school matriculation up to two years at a time, and/or extended stays outside the U.S. for employment purposes.

My advice, still, is to obtain a new Reentry Permit.

-Ray B

Thanks a lot Ray,
That was a good suggestion. I will apply for a 6 month REP and get fingerprints done before leaving.

[rayb]

There is no "6-month Reentry Permit" option. With your Green Card, a Reentry Permit is permission for you to be outside the U.S. from 1-2 years, and to show "intent to return" if you are outside the U.S. for less than a year.

--Ray B

Thanks a lot Ray,
That was a good suggestion. I will apply for a 6 month REP and get fingerprints done before leaving.

[Harry Callahan]

Since you have enough time between now and June 1 to apply for a re-entry permit, you should do so. But don't worry if you're rejected, you'll probably still be OK. I have a lot of experience with this kind of thing as I had to deal with the same situation of being out of the country a lot and it all worked out fine. If you leave on June 1 and return in November then that's less than six months. Regardless of your previous travel, the burden of proof is on DHS to prove that you abandoned your US residency. (Your previous travel may help them to obtain said proof, but still, they have to prove you intended to abandon residency; you don't have to prove you intended to keep it.) They cannot take away your green card at the POE after a trip of less than six months; in the absolute worst case, as a permanent resident returning after an absence of less than six months, you are legally entitled to enter the country and request a hearing before an immigration judge. At that hearing, if you show your efforts to get a license, get a job, buy a home, etc. then it is going to be really hard for the government to prove that you abandoned residency.

Needless to say, if upon your return in Nov. you get a really hard time from the border agent, you should NOT leave the country again in December. Make sure your travel plans can accommodate this amount of flexibility.

[dsri.sid]

Since you have enough time between now and June 1 to apply for a re-entry permit, you should do so. But don't worry if you're rejected, you'll probably still be OK. I have a lot of experience with this kind of thing as I had to deal with the same situation of being out of the country a lot and it all worked out fine. If you leave on June 1 and return in November then that's less than six months. Regardless of your previous travel, the burden of proof is on DHS to prove that you abandoned your US residency. (Your previous travel may help them to obtain said proof, but still, they have to prove you intended to abandon residency; you don't have to prove you intended to keep it.) They cannot take away your green card at the POE after a trip of less than six months; in the absolute worst case, as a permanent resident returning after an absence of less than six months, you are legally entitled to enter the country and request a hearing before an immigration judge. At that hearing, if you show your efforts to get a license, get a job, buy a home, etc. then it is going to be really hard for the government to prove that you abandoned residency.

Needless to say, if upon your return in Nov. you get a really hard time from the border agent, you should NOT leave the country again in December. Make sure your travel plans can accommodate this amount of flexibility.

Thanks a lot Harry for your valuable suggestion and insight. I will apply for REP tomorrow and hope it all works out well

I have read somewhere that I can take an InfoPass Appointment to visit the nearest ASC for my biometrics ahead of the scheduled appointment (incase the appointment date comes beyond June 1st week), as I am planning to book my round trip ticket as early as tomorrow so I don't overpay in the end.

[rayb]

ASC locations won't process your biometrics in advance of your scheduled date. I've heard from several people who attempted this and were denied service. If on or after the date, ASC locations routinely take people scheduled for other locations on a discretionary basis.

--Ray B

Thanks a lot Harry for your valuable suggestion and insight. I will apply for REP tomorrow and hope it all works out well

I have read somewhere that I can take an InfoPass Appointment to visit the nearest ASC for my biometrics ahead of the scheduled appointment (incase the appointment date comes beyond June 1st week), as I am planning to book my round trip ticket as early as tomorrow so I don't overpay in the end.

[dsri.sid]

ASC locations won't process your biometrics in advance of your scheduled date. I've heard from several people who attempted this and were denied service. If on or after the date, ASC locations routinely take people scheduled for other locations on a discretionary basis.

--Ray B

Sure Ray!
Anyway, I have mailed out my REP today through usps, also requested to expedite. Lets hope it all goes well, will keep you guys posted.
Thanks,
Sid.

[dsri.sid]

Sure Ray!
Anyway, I have mailed out my REP today through usps, also requested to expedite. Lets hope it all goes well, will keep you guys posted.
Thanks,
Sid.

Hi All,
I got a biometrics Appointment for 27th Tuesday finally. I am planning to leave on 8th June, I want to come back by 4th Dec (180 days). Am I good for the 180 day rule for citizenship or should I come back on 3rd Dec instead. Please advice.
Thanks,
Sid