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NYC1977

Re-entry into USA at US Customs for Permanent Resident after 1 year outside USA

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Filed: Timeline

Hi,

My wife has a flight from Russia to USA in 4 days and I just found out that she might face some complications because she had stayed outside of the country for more than 12 months. The trip was initially intended to be for 2 months but she had pregnancy complications and was advised by a doctor not to travel.

I am wondering what she should expect when she reaches the port of entry from the border control. I would appreciate any help on this matter!

Regards,

Dan

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Filed: Timeline

Hi I personally cannot offer any advice but consider rescheduling her flight asap and check the USCIS website for more info:

USCIS International Travel as a Permanent Resident

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” link to the left under “Green Card Processes & Procedures.”

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 U.S. military spouses and children and civilian employees of the U.S. government stationed abroad. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas at www.travel.state.gov. This information is listed under its Visa section for immigrants.

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” under the Naturalization section of this website.

and this according to CBP:

Foreign nationals that are lawful permanent residents of the U.S. must present a Permanent Resident Card ("Green Card", INS Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States. U.S. LPRs are not required by the U.S. to have a passport for travel within the Western Hemisphere, although most foreign destinations will require you to have one to enter their country. (LPRs that are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101.)

All the best! :thumbs:


ég eri ekki lengur kalt, hef aftur líf. lifnar mín sál, heiminn mála.

bless bless Þýskalandi! ég elsker þig!

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Filed: Citizen (apr) Country: Australia
Timeline

Hi,

My wife has a flight from Russia to USA in 4 days and I just found out that she might face some complications because she had stayed outside of the country for more than 12 months. The trip was initially intended to be for 2 months but she had pregnancy complications and was advised by a doctor not to travel.

I am wondering what she should expect when she reaches the port of entry from the border control. I would appreciate any help on this matter!

Well... honestly a re-entry permit MUST be applied for from within the US so that's out the window.

Her only chance is to bring ALL medical records showing she had NO CHOICE but to be outside for more than 12 months. There are a few issues to overcome:

1. Was she pregnant when she left? If so she was outside the US for 3 months past 9 months so,

2. why didn't she re-enter the US after birth?

So basically she needs to take her medical records, a letter from her doctor stating he advised her not to fly. A letter explaining why she didn't fly following the birth etc etc. Hopefully they let her in.

WORST case scenario they WILL always let her in BUT she will need to go before an immigration judge to plead her case. Make sure she is aware of this and do not let them put her on a plane. She has the RIGHT to plead her case before an immigration judge and they must permit her entry into the US for that purpose. You will need to hire an immigration lawyer to help fight the case. They will show the medical records, they'll plead extenuating circumstances.

Absolute worst case they deny her case in court. If they do, you will be given options. Whether it be file some forms to appeal the decision, to go back to her home country to get another visa to start all over again. It's not the best option but it will be okay eventually. Lets hope they are understanding at CBP.

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Filed: Timeline

Hi Vanessa&Tony,

She left when she was 5 months pregnant. After giving birth, the baby had medical complications. She decided not to take any chances with the baby's health and hers as well and decided to come back with they were both physically strong enough. We never knew of the "12 months" travel restriction before she left. We both agreed that they should return when they received clean bill of health and all medical treatment were performed (shots & etc)

I hope this explains more clearly the situation and decisions we took. My hope is that CBP will understand these things.

Regards,

Dan

Well... honestly a re-entry permit MUST be applied for from within the US so that's out the window.

Her only chance is to bring ALL medical records showing she had NO CHOICE but to be outside for more than 12 months. There are a few issues to overcome:

1. Was she pregnant when she left? If so she was outside the US for 3 months past 9 months so,

2. why didn't she re-enter the US after birth?

So basically she needs to take her medical records, a letter from her doctor stating he advised her not to fly. A letter explaining why she didn't fly following the birth etc etc. Hopefully they let her in.

WORST case scenario they WILL always let her in BUT she will need to go before an immigration judge to plead her case. Make sure she is aware of this and do not let them put her on a plane. She has the RIGHT to plead her case before an immigration judge and they must permit her entry into the US for that purpose. You will need to hire an immigration lawyer to help fight the case. They will show the medical records, they'll plead extenuating circumstances.

Absolute worst case they deny her case in court. If they do, you will be given options. Whether it be file some forms to appeal the decision, to go back to her home country to get another visa to start all over again. It's not the best option but it will be okay eventually. Lets hope they are understanding at CBP.

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Filed: AOS (apr) Country: Canada
Timeline

I'm not sure what they do with that. I know people that have gone for over a year on a green card and come back with no problem and obviously others do end up in trouble. I really suggest she brings all her medical paperwork with her along with letters from her doctors explaining the situation. Good luck.


AOS Timeline

06-28-2010 AOS Packet Sent

07-07-2010 Check Cashed $1010 Ugh!

07-09-2010 NOAs received (I-485,I-130,I-765)

07-14-2010 Biometrics appointment letter received

07-14-2010 RFE (I-864)

07-22-2010 Biometrics appointment

08-20-2010 Submitted RFE Reply I-864

08-24-2010 RFE material received

08-26-2010 Email from USCIS EAD Card Approved

09-03-2010 EAD card received!!!

09-08-2010 Notification of interview date (Oct 12th, 2010)

10-12-2010 Interview-Approved!!!!!

10-26-2010 Green Card Arrived!!!!!!!!

No USCIS till 2012. Wohoooooo

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I was in a different position, I could not leave the US for over a year after my son was born due to his medical issues, so I totally understand your wife staying in Russia. As others have said if she takes all medical records, Birth Cert with both of your names on etc, I think they will have a very hard time turning them away, especially as the baby is a US Citizen too.

Wishing you all the best of luck, I'm pretty sure if you are like my husband you won't be able to put the baby down. We couldn't hold our little guy for weeks after her was born, what with all the tubes and stitches. Glad to see the little one and your wife are doing well now :)

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