Jump to content
Sign in to follow this  
alekhine

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

6 posts in this topic

Recommended Posts

Filed: Timeline

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

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline

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/


God Does for those who do for themselves..!!

Share this post


Link to post
Share on other sites

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


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Share this post


Link to post
Share on other sites
Filed: Timeline

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.

Share this post


Link to post
Share on other sites

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.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Romania
Timeline

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



USCIS [*] 22 Nov. 2011 - I-129 package sent; [*] 25 Nov. 2011 - Package delivered; [*] 25 Nov. 2011 - NOA1/petition received and routed to the California Service Center; [*] 30 Nov. 2011 - Touched/confirmation though text message and email; [*] 03 Dec. 2011 - Hard copy received; [*]24 April 2012 - NOA2 (no RFEs)/text message/email/USCIS account updated; [*] 27 April 2012 - NOA2 hard copy received.

NVC [*] 14 May 2012 - Petition received by NVC ; [*] 16 May 2012 - Petition left NVC.

EMBASSY [*] 18 May 2012 - Petition arrived at the US Embassy in Bucharest; [*] 22 May 2012 - Package 3 received; [*] 24 May 2012 - Package sent to the consulate, interview date set; [*] 14 June 2012 - Interview date, approved.

POE [*] 04 July 2012 - Minneapolis/St.Paul. [*] 16 September 2012 - Wedding Day!

AOS/EAD/AP [*] 04 February 2013 - AOS/EAD/AP package sent; [*] 07 February 2013 - AOS/EAD/AP package delivered; [*] 12 February 2013 - NOA1 text messages/emails; [*] 16 February 2013 - NOA1 received in the regular mail; [*] 28 February 2013 - Biometrics letter received (appointment date, March 8th); [*] 04 March 2013 - Biometrics walk-in completed (9 out of 10 fingerprints taken, pinky would not give in); [*] 04 April 2013 - EAD/AP card approved; [*] 11 April 2013 - Combo card sent/tracking number obtained; [*] 15 April 2013 - Card delivered.

[*] 15 May 2013 - Moved from MN to LA; [*] 17 May 2013 - Applied for a new SS card/filed an AR-11 online (unsuccessfully), therefore called and spoke to a Tier 2 and changed the address; [*] 22 May 2013 - Address updated on My Case Status (finally can see the case numbers online); [*] 28 May 2013 - Letter received in the mail confirming the change of address; [*] 31 July 2013 - Went to Romania; [*] 12 September 2013 - returned to the US using the AP, POE Houston, everything went smoothly; [*] 20 September 2013 - Spoke to a Tier2 and put in a service request; [*] 23 September 2013 - Got "Possible Interview Waiver" letter (originally sent on August, 29th to my old address, returned and re-routed to my current address); [*] 1 October 2013 - Started a new job.

event.png

Trying to get the word out about our struggles:

http://voices.yahoo.com/almost-legal-citizen-but-not-quite-12155565.html?cat=9

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...