What to expect when re-entering the US with a grean card after 11 months?

[alekhine 0]

Hi all,

I got my IV 1 1/2 yrs ago, and landed in US a year ago. I got the GC shortly after that, and then moved back overseas. So I'll be back in the US within 12 months of my first entry. I spent 10 out of 11 months out of the US since I got my GC.

I am a professional and I need license to work. This takes time; exams, eval's ..etc. With a family to support, I can't leave my job and come permanently to the US before securing a license at least.

So I was out of US for the last 11 months, and I'll be coming back next week. Throughout this period I was working on getting a license and preparing for the last & permanent move. I never abandoned the intention to reside permanently in the US. An accurate description of my case would be that : " I failed so far to establish residence in the US rather than abandon the intention to reside permanently there."

What to expect at the POE this time? what are the possible scenarios? What questions will be asked? What will the officer want to hear? I definitely won't lie, but it helps to know what the "correct answers" are. Any advice in general?

I appreciate any answers.

Thanks in advance

[Wally G! 58]

Hi all,

I got my IV 1 1/2 yrs ago, and landed in US a year ago. I got the GC shortly after that, and then moved back overseas. So I'll be back in the US within 12 months of my first entry. I spent 10 out of 11 months out of the US since I got my GC.

I am a professional and I need license to work. This takes time; exams, eval's ..etc. With a family to support, I can't leave my job and come permanently to the US before securing a license at least.

So I was out of US for the last 11 months, and I'll be coming back next week. Throughout this period I was working on getting a license and preparing for the last & permanent move. I never abandoned the intention to reside permanently in the US. An accurate description of my case would be that : " I failed so far to establish residence in the US rather than abandon the intention to reside permanently there."

What to expect at the POE this time? what are the possible scenarios? What questions will be asked? What will the officer want to hear? I definitely won't lie, but it helps to know what the "correct answers" are. Any advice in general?

I appreciate any answers.

Thanks in advance

Keep Your Immigration Status

Permanent residents who leave the United States for extended periods, or who cannot show their intent to live permanently in the U.S., may lose their permanent resident status. Many immigrants believe they can live abroad as long as they return to the U.S. at least once a year. This is incorrect. If you think you will be out of the U.S. for more than 12 months, you should apply for a re-entry permit before leaving the country.You should file Form I-131, Application for a Travel Document.You can get this form at http://www.uscis.gov or by calling the USCIS Forms Line at 1-800-870-3676.You must pay a fee to file Form I-131.

A re-entry permit is valid for up to two years.You may show the re-entry permit, instead of a visa or your Permanent Resident Card, at a port of entry. Having a re-entry permit does not guarantee that you will be admitted to the United States when you return, but it can make it easier to show that you are returning from a temporary visit abroad. Visit http://www.state.gov or your nearest Department of State Consular Office overseas for more information.

You can stay out of the US for up to 6 months with no consequence, as long as the person has a vaild green card and passport. Over 6 months contact with the US consulate is needed and the green card holder can stay out of the country for up to a year. Over a year the green card holder will forfeit their green card and not be allowed to re-enter the country.

The US permanent resident CAN stay out of the country for more than a year if they apply for and are granted a re-entry permit by USCIS prior to leaving the country. However, for a PR to become a citizen, he/she must have 5 years of continuous residency and staying abroad for more than a year will typically break it regardless of whether a re-entry permit is issued/used.

Things that Show Intent NOT to Return to America (even with Re-Entry Permit!):

Worked or attended school abroad.

Got married abroad.

Purchased a business or property abroad.

Purchased a car abroad.

If an application for a Re-Entry Permit is denied, the applicant is usually notified through the mail at their home address in America. If an application for a Re-Entry Permit is denied, it is prudent to return to the U.S. as soon as possible.

A denial of a Re-Entry Permit does not mean that LPR status is denied. But without an approved Re-Entry Permit, an LPR only has one year to use their unexpired I-551 Card (green card) and their valid passport to seek re-entry to the U.S., so it is best to return sooner rather than later.

If it is unavoidable for an LPR to return to the USA before being abroad for 365 days, the only option (other then surrendering the green card and starting over again) is to apply for an SB-1 RETURNING RESIDENT VISA at a U.S. Consulate to try and preserve LPR status.

http://immigrationworkvisa.wordpress.com/2011/03/22/green-card-holders-who-stay-out-of-u-s-more-than-6-months-at-risk/

[ceadsearc 515]

Do you have documents showing you intended to reside permanently in the US? US domicile, US bank accounts, tax returns filed in the US?

[alekhine 0]

Do you have documents showing you intended to reside permanently in the US? US domicile, US bank accounts, tax returns filed in the US?

thank you both.

Ceadsearc,

Yes, but not the usual documents. All I can show is evidence of my applications for licensure in the US, reciepts of fees paid for these application, applications for jobs. These are serious applications ( the expenses are arround $4000). I don't know if they'll consider these enough, but I guess it is obvious , at least to me, I wouldn't pay that much without a firm intention to reside permanently in the US.

[ceadsearc 515]

That should help, and you have only been out once for this long, so hopefully it will be ok. If you haven't filed US taxes or requested an extension do that as well; LPRs are required to file taxes even if working abroad.

[Peter_Pan 661]

I thought working abroad shows intent not to return to the US.