Jump to content
Sign in to follow this  
patti03

Re-entry Permit Query

4 posts in this topic

Recommended Posts

Filed: Timeline

Will your previous stay in the US be erased if you're out of the country for more than a year but with a re-entry permit? I am a permanent resident and was out of the US for more than a year last year. This 2010 will be my 5th year as a resident which means I am already eligible to apply for a US citizenship but then again another question still remains and that is whether my previous stay in the country be erased because I was out of the country for more than a year (using a re-entry permit). As you know, permanent residents need to build their residency for at least 30 months within the 5 year period in order to qualify for the naturalization process. Replies will be appreciated. Thank you in advance.

Share this post


Link to post
Share on other sites

You broke the continuous residence requirement by leaving the US for more than a year - regardless if you have the re-entry permit.

If your less than and year but more than 6 months, you can get an exception, as outlined below.

Continuous Residence

“Continuous residence” means that you have not left the United States for a long period of time. If you leave the United States for too long, you may interrupt your continuous residence.

What if I was outside the United Statesbetween 6 and 12 months?

If you leave the United States for more than 6 months, but less than 1 year, you have broken or disrupted your continuous residence unless you can prove otherwise. Read the “Document Checklist” in the back of this

Guide to find out what information you must give to prove you did not break yourcontinuous residence.

What if I was outside the United Statesfor 1 year or longer?

In almost all cases, if you leave the United States for 1 year or more, you have disrupted your continuous residence. This is true even if you have a Re-entry Permit.

If you leave the country for 1 year or longer, you may be eligible to re-enter as a Permanent Resident if you have a Re-entry Permit. But none of the time you were in the United States before you left the country counts toward your time in continuous

residence.

If you return within 2 years, some of your time out of the country does count. In fact, the last 364 days of your time out of the country (1 year minus 1 day) counts toward meeting your continuous residence requirement.

Source


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Share this post


Link to post
Share on other sites
Filed: Other Country: China
Timeline

You broke the continuous residence requirement by leaving the US for more than a year - regardless if you have the re-entry permit.

If your less than and year but more than 6 months, you can get an exception, as outlined below.

Source

Also look up the 4 years plus 1 day rule to see if it applies.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
Filed: Other Timeline

Correct. Once you left the US for one year, the clock stopped. When it stopped, it "erased" all of your previously accumulated time as a resident. The moment you got back to the US, the clock started ticking again. Now you'll have to wait until it shows 5 years again.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...