6 months 7 days absence...

[auditorpnine]

i believe, for a lpr return to usa before 6 months is considered 'acceptable' (albeit entry still not a surety). but, if i return after 6 months 7 days, do i get any leeway or does it tantamount to probable abandonment.

i mean, is '6 months' period sacrosanct?

also, other than manually scanning the stamp dates/flipping the pages on my passport, how does the immigration officer determine the period of my absence?

[newacct]

There is no "6 month period" or any other period for abandonment of residence. Abandonment of residence is based on many factors, not length of absence alone. A green card by itself is sufficient for re-entry to the US for an absence of less than 1 year.

[auditorpnine]

could the officer deny me entry/deport me if i did not comply 'specifically' with the 'length of absence' factor?.
(when i land at jfk, my absence will be of 6months+7 days.)

[newacct]

It's theoretically possible be found to have abandoned residence even after an absence of less than 6 months (though it's highly unlikely, and probably only in extreme cases, like if you leave for just under 6 months and just visit for a few days, and keep repeating this for years), and it's also possible to be found not to have abandoned residence after an absence of more than 1 year without a Re-entry Permit. Nobody can give you a hard answer one way or the other.

[auditorpnine]

could you/anyone please reply 'specifically' to:

1. other than manually scanning the stamp dates/flipping the pages on my passport, how does the immigration officer determine the period of my absence?

2.could the officer deny me entry/deport me if i did not comply with 'just' the 'length of absence' factor?.
(when i land at jfk, my absence will be of 6months+7 days.)

[newacct]

1. other than manually scanning the stamp dates/flipping the pages on my passport, how does the immigration officer determine the period of my absence?

The US government has departure/arrival information from the airlines. And in any case, if they don't know when you departed, they will ask you, and you will have to tell the truth.

2.could the officer deny me entry/deport me if i did not comply with 'just' the 'length of absence' factor?.
(when i land at jfk, my absence will be of 6months+7 days.)

I don't understand what this means.

[auditorpnine]

thank you for the replies.

according to chatgpt, uscis keeps digital records of person's arrival/departure.

[auditorpnine]

is it true:
if absence is 6+ months & flying etihad, immigration can -deny usa entry/ask to return- at abu-dhabi itself.

[newacct]

is it true:
if absence is 6+ months & flying etihad, immigration can -deny usa entry/ask to return- at abu-dhabi itself.

Yes. US immigration officers can deny entry even for absences of less than 6 months, in extreme cases. Abu Dhabi has US preclearance, so a denial of entry would happen there.

[auditorpnine]

got this from googling: the officer cannot prevent physical entry into usa. he/she can only mandate appearance before a judge who then will make the ruling of the gc validity.

[newacct]

got this from googling: the officer cannot prevent physical entry into usa. he/she can only mandate appearance before a judge who then will make the ruling of the gc validity.

Removal proceedings only applies to people who are in the US. Abu Dhabi is not in the US. If you want the possibility of going to removal proceedings, maybe you should go through a non-preclearance airport.

It is pretty normal for permanent residents to stay abroad for up to 1 year. I think your worries are overblown.

[auditorpnine]

@newacct: thanks for the concern, but not overblown.

it's my 5th straight absence in last 5 yrs, ranging 5 to 27 months. (27 months with reentry permit - during covid). current absence nearly 7 months. this would raise some serious red flags with the officer.
(last 58 months, been absent for a total of 43 months)

but yeah, abandoning choice of flying etihad. why take chances...

also, please elaborate what 'removal proceedings' entails. (i wouldn't be denied entry after immigration, right?)

[Mike E]

is it true:
if absence is 6+ months & flying etihad, immigration can -deny usa entry/ask to return- at abu-dhabi itself.

At Abu Dhabi CBP can deny entry.

So do not fly through Abu Dhabi.

At U.S. port of entry inside U.S. territory, legally an LPR cannot be denied entry.

Are you flying from Pakistan?

[auditorpnine]

indian flying from india.

[auditorpnine]

1.would an absence for 13 months result in AUTOMATIC/BY-DEFAULT revoking of the green card.
2.would i be deported at the arriving airport. (jfk/ewr).