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Unexpectedly away for over a year - no reentry permit

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  • Unexpectedly away for over a year - no reentry permit

    Hi!
    Before this year, I usually made sure that I enter the USA within the one year requirement to maintain residency and usually have no problems. I have been attending high school outside the US and have just graduated this year. The plan was to return this week for the summer - however, I was accepted to a university in New York and will have to postpone my trip to the end of July/Early August.

    I will end up entering the US after about a year and a month, which is over the time they ask for, and I have no reentry permit as I have never needed it before. Will I have to apply for a returning resident visa, or will I be okay using my green card despite being almost a month late?

    Thank you!
    Last edited by sodappend; 07-03-2014, 11:41 AM.

  • #2
    Sodappend,

    You say below that you will be out of the U.S. a year and a half. You then say that you will be a "month late." Which is it? If a year and a half, without a Reentry Permit, you will have problems. If only a month late (out 13 months), you will probably be allowed to enter, but may end up being scheduled for an administrative hearing. Either way (6 months or 1 months late), it is even possible that your late entry will be overlooked, but don't count on it.

    --Ray B

    Originally posted by sodappend View Post
    Hi!
    Before this year, I usually made sure that I enter the USA within the one year requirement to maintain residency and usually have no problems. I have been attending high school outside the US and have just graduated this year. The plan was to return this week for the summer - however, I was accepted to a university in New York and will have to postpone my trip to the end of July/Early August.

    I will end up entering the US after about a year and a half, which is over the time they ask for, and I have no reentry permit as I have never needed it before. Will I have to apply for a returning resident visa, or will I be okay using my green card despite being almost a month late?

    Thank you!

    Comment


    • #3
      Originally posted by rayb View Post
      Sodappend,

      You say below that you will be out of the U.S. a year and a half. You then say that you will be a "month late." Which is it? If a year and a half, without a Reentry Permit, you will have problems. If only a month late (out 13 months), you will probably be allowed to enter, but may end up being scheduled for an administrative hearing. Either way (6 months or 1 months late), it is even possible that your late entry will be overlooked, but don't count on it.

      --Ray B
      Sorry! I meant a month - will edit my post. Should I get a returning resident visa to be safe? My problem with that is I may not have enough time to have it processed.

      Comment


      • #4
        A Returning Resident visa might not be allowed, as the requirements are somewhat more demanding than what you may be able to offer.

        --Ray B

        Originally posted by sodappend View Post
        Sorry! I meant a month - will edit my post. Should I get a returning resident visa to be safe? My problem with that is I may not have enough time to have it processed.

        Comment


        • #5
          Originally posted by rayb View Post
          A Returning Resident visa might not be allowed, as the requirements are somewhat more demanding than what you may be able to offer.

          --Ray B
          Oh well, I guess I'll have to risk it
          I won't be able to apply for a student visa in time if they do revoke my residency so I'll have my fingers crossed and hope it works out!

          Thank you for the help.

          Comment

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