outside the US for 8 months

[black widow 0]

Hi good day everyone!

 

I am planning to travel to the philippines and giving birth there. I am traveling with my US citizen child and my husband is going to get us after  8 months to travel back to US. Can I go back without any reentry permit?

[Michelle13 39]

Depending on what visa you have, a GC holder is not allowed to live outside of the US for more than 6 months at a time. 

 

That is what was told me in the interview January 2016. (perhaps they've changed it since then?) 

Edited April 24, 2017 by Michelle13

[black widow 0]

I am a green card holder

[Michelle13 39]

2 minutes ago, black widow said:

I am a green card holder

I would check into that.  It might send you back to the beginning if you're gone that long. 

 

Congratulation on the baby <3 <3 <3

[Becci391 339]

I was told that you are not allowed to leave the US if you don't have either an approved AP or approved re-entry permit. You have to apply for a re-entry permit.

[Auds 223]

Just now, Becci391 said:

I was told that you are not allowed to leave the US if you don't have either an approved AP or approved re-entry permit. You have to apply for a re-entry permit.

She has a greencard already.  I think you mean returning reaident permit

[black widow 0]

I have a 10year greencard.

 

[Becci391 339]

Just now, Auds said:

She has a greencard already.  I think you mean returning reaident permit

Even if she is a Green Card holder already she needs to apply for a re-entry permit.

[Becci391 339]

5 minutes ago, black widow said:

I have a 10year greencard.

 

That doesn't matter. You need a re-entry permit before you travel outside of the US.

 

http://www.alllaw.com/articles/nolo/us-immigration/reentry-permit-process-permanent-residents.html

'In fact, it is even possible for the border officials who meet you upon your return to the U.S. to exclude you from entry based on you having abandoned your U.S. residence. Although the reentry permit creates a presumption that you did not intend to abandon your residence, if the official sees clear indications that you really were making your home elsewhere, you can be refused entry.'

Edited April 24, 2017 by Becci391

[Dashinka 23,242]

Technically according to the USCIS site it is advisable to get a re-entry permit if you plan to be out of the country for more than a year as a GC holder, however many here recommend getting one if the trip will be more than six months.  You have to file for the permit prior to leaving, so if you do, you should be fine.  There are also considerations with respect to naturalization if you are planning to take that path.  Below is the excerpt from the USCIS website that may be helpful.

 

Congrats on the baby, and safe travels!

 

What if my trip abroad will last longer than 1 year?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad.  Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States.  For more information, see the “Travel Documents” page.

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam.  There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders.  For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization.  If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the “Continuous Residence and Physical Presence Requirements” page.

 

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

Edited April 24, 2017 by Bill & Katya

[Dutchster 1,106]

3 hours ago, Becci391 said:

Even if she is a Green Card holder already she needs to apply for a re-entry permit.

Green card holders only have to apply for a re-entry permit if they are outside the US for 1+ year.

[Dutchster 1,106]

I actually seen a similar case like OP on a Dutch-American forum. The woman who posted there had her baby in the Netherlands and stayed for about 8 months too. We also advised a re-entry permit at first but someone actually mentioned she would get in without one since she wasn't abroad for more than one year. Hence that the woman indeed entered the US with her green card and baby without any problems. They were asked a few questions though but nonetheless they didn't bat an eye on her GC + abroad stay. More if the baby had the right papers. 

[inloveVEN 46]

16 hours ago, black widow said:

I have a 10year greencard.

 

you can leave the country but could be useful for you to read from uscis page USCIS

[geowrian 22,335]

A re-entry permit is only required for stays over a year abroad. However, it is recommended for travel over 6 months abroad. They likely won't deny an LPR entry for abandoning residence within a year, but it has happened. Is it worth risking having to start over with a CR-1 visa? To me, it's not. Plus, things happen while abroad. What if there are complications with the pregnancy?

[Dutchster 1,106]

1 hour ago, geowrian said:

A re-entry permit is only required for stays over a year abroad. However, it is recommended for travel over 6 months abroad. They likely won't deny an LPR entry for abandoning residence within a year, but it has happened. Is it worth risking having to start over with a CR-1 visa? To me, it's not. Plus, things happen while abroad. What if there are complications with the pregnancy?

That's very true. Complications, the baby's health, the mother's health. Plus, the right papers for the baby to enter the US legally can take a while sometimes. It are all the scenarios you might want to consider now.

Edited April 25, 2017 by Dutchster