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how often to reenter US after GC

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  • how often to reenter US after GC

    Hi

    I received the green card (AOS) the past July. I left US the past may for a family situation and I did not come back since then. I also closed everything (bank accounts..) in US because I did not know how things were going to be. I still have to stay outside US, but I don't want to loose the GC

    I heard I have to come back to US at least once a year to not loose the GC. However, someone also told me I need to reenter and apply for a reentry permit from inside US.

    What is your best recommendation based on your experience?
    I can come back in US for a few days, but probably not for more than one week

    Thank you in advance
    Reba

  • #2
    While the card in your hand is valid for 10 years, your status is "abandoned" and therefore you should not use it. It's too late to apply for re-entry permit.
    Think of it like a credit card with future expiration date that has been cancelled by the bank due to non-payment of bills. If you try to use the card, it will get declined.

    To maintain PR / GC status, you need to stay in the US for atleast 6+ months each year to retain status.
    Exception to this rule is requesting and getting approved for "re-entry" permit before you leave the US.

    Closing bank accounts, not having a house or rental agreement, etc. further show that you have no plans to permanently reside in the US.

    You will have no issues if you try to book a trip to the US and show the card to the airline. But at the port of entry, you will be sent to secondary inspection, questioned, denied entry, card confiscated and sent back on the next flight. (I know this sounds harsh, but it is the reality)
    Opinion only. Cannot be construed as legal advice.

    Comment


    • #3
      Originally posted by R78 View Post
      To maintain PR / GC status, you need to stay in the US for atleast 6+ months each year to retain status.
      There is no such rule.

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

      Comment


      • #4
        Originally posted by R78 View Post

        You will have no issues if you try to book a trip to the US and show the card to the airline. But at the port of entry, you will be sent to secondary inspection, questioned, denied entry, card confiscated and sent back on the next flight. (I know this sounds harsh, but it is the reality)
        This is incorrect

        Comment


        • #5
          Originally posted by rebaltina View Post
          Hi

          I received the green card (AOS) the past July. I left US the past may for a family situation and I did not come back since then. I also closed everything (bank accounts..) in US because I did not know how things were going to be. I still have to stay outside US, but I don't want to loose the GC

          I heard I have to come back to US at least once a year to not loose the GC. However, someone also told me I need to reenter and apply for a reentry permit from inside US.

          What is your best recommendation based on your experience?
          I can come back in US for a few days, but probably not for more than one week

          Thank you in advance
          Reba
          You are going to lose your green card because you are NOT living in the US. Coming to the US for a few days a year does not qualify as living here permanently. Since you have not been for more than a year, You can comeback and apply for a re-entry permit and the leave after that. You will have to return for biometrics as well. If your permit is approved it gives you upto 2 years to wind up your affairs overseas and move to the USA.

          Comment


          • #6
            Originally posted by rebaltina View Post
            Hi

            I received the green card (AOS) the past July. I left US the past may for a family situation and I did not come back since then. I also closed everything (bank accounts..) in US because I did not know how things were going to be. I still have to stay outside US, but I don't want to loose the GC

            I heard I have to come back to US at least once a year to not loose the GC. However, someone also told me I need to reenter and apply for a reentry permit from inside US.

            What is your best recommendation based on your experience?
            I can come back in US for a few days, but probably not for more than one week

            Thank you in advance
            Reba
            Come back to the USA now, re-open your bank accounts and don't close them again. Maintain an address in the USA.

            Come back at minimum once every 5 months.

            File your tax returns as a USA resident.

            Eventually a CBP officer will warn you that you are not spending enough time in the USA. At that point you will need to re-assess what you are doing.

            Comment


            • #7
              Originally posted by R78 View Post
              While the card in your hand is valid for 10 years, your status is "abandoned" and therefore you should not use it. It's too late to apply for re-entry permit.
              Think of it like a credit card with future expiration date that has been cancelled by the bank due to non-payment of bills. If you try to use the card, it will get declined.

              To maintain PR / GC status, you need to stay in the US for atleast 6+ months each year to retain status.
              Exception to this rule is requesting and getting approved for "re-entry" permit before you leave the US.

              Closing bank accounts, not having a house or rental agreement, etc. further show that you have no plans to permanently reside in the US.

              You will have no issues if you try to book a trip to the US and show the card to the airline. But at the port of entry, you will be sent to secondary inspection, questioned, denied entry, card confiscated and sent back on the next flight. (I know this sounds harsh, but it is the reality)
              She left in July. It is now November. It hasn't even been 6 months. She will be fine if she comes back now, and the duration of the trip is not sufficient grounds for secondary. Regardless they cannot deny her entry. At worst they can set up a date with an immigration court.

              But she should come back now.

              Comment


              • #8
                Originally posted by Mike E View Post

                She left in July. It is now November. It hasn't even been 6 months. She will be fine if she comes back now, and the duration of the trip is not sufficient grounds for secondary. Regardless they cannot deny her entry. At worst they can set up a date with an immigration court.

                But she should come back now.
                Is it May or July? It says "received the green card.. July" and "left US the past May." Did she leave the US when her AOS when it was pending? Wouldn't her AOS be considered abandoned then unless she already had an Advanced Parole?
                F-1 OPT, AOS married to USC
                I-485, I-130, I-765, I-131
                NBC
                FO: Minneapolis, MN
                10/21/19 Official Received and Priority Date
                11/5/19 Text NOA cases received
                11/6/19 Checks cashed out
                11/9/19 Received official I-797C NOAs through mail
                11/18/19 Biometrics letter for 11/26
                12/31/19 RFIE email notification
                1/9/20 RFIE response reviewed
                3/5/20 Ready to be scheduled for interview
                4/27/20 EAD/AP card in production
                12/1/20 Interview scheduled
                1/14/21 Interview, card in production

                Comment


                • #9
                  When I came back using an AP, inside the secondary room an immigration officer was giving a guy a hard time because his file shows that he’s been gone for a long time even though he was a green card holder. Not sure what happened to him after I left.
                  Should consult a lawyer about this issue.
                  B2; AoS; Same-Sex Marriage:USC
                  FO SanFrancisco

                  3/30/18 PD
                  4/20/18 Received 4 letters
                  5/04/18 Walk In Biometrics
                  5/14/18 Status update-CaseTracker, "Ready to be scheduled for interview"
                  9/08/18 New card being produced-CaseTracker
                  9/11/18 EAD/AP approved-uscis.gov
                  9/12/18 Received tracking number for EAD/AP card
                  9/14/18 Received EAD/AP
                  9/17/18 Received Social Sec card
                  2/17/19 Traveled abroad
                  3/04/19 Paroled back in country using EAD/AP
                  3/11/19 Submitted renewal of EAD/AP

                  Comment


                  • #10
                    Originally posted by denithedreamers View Post

                    Is it May or July? It says "received the green card.. July" and "left US the past May." Did she leave the US when her AOS when it was pending? Wouldn't her AOS be considered abandoned then unless she already had an Advanced Parole?
                    Good catch.

                    I've no idea what she did.

                    Comment

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