Jump to content
journeyeraj

Green card holder traveling overseas for over 180 days on one trip

By journeyeraj in US Citizenship General Discussion

 Share

9 posts in this topic

Recommended Posts

journeyeraj Newbie

journeyeraj   0

Posted
Filed: Timeline
Posted

Hi everyone. I am a green card holder. I have been overseas for almost 180 days because my mother who lives overseas got sick and needed a surgery. She had a rough recovery after the surgery, but has finally stabilized and been improving. It looks like I will need to stay with her a little longer, which puts me past the 180 day limit.

Will it cause problems at point of entry when I return to the US? And how would this affect my citizenship application when the time comes?

Thank you in advance for your input!

Dylan'sWife Collaborator

Dylan'sWife   2

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

From what I can recall only stays outside the U.S. for 1 year or longer would require a re-entry permit, however a stay outside the US for longer than 6 months might trigger a secondary inspection. I would probably be prepared to prove that your absence was related to your mothers care in the event the suspect that perhaps you were 'working out side the country' and didn't want to report the income.

04-21-2006 | Marriage in Santa Ana, CA
I-130 Process
06-29-2006 | Mailed to CSC
08-23-2006 | Was told application was rejected & sent back
08-30-2006 | Recieved rejected package
09-01-2006 | Resubmitted I-130
09-08-2006 | NOA1 (now that's more like it)
09-13-2006 | Recieved NOA1 in the mail
12-19-2006 | Recieved email RFE
12-20-2006 | Recieved RFE in mail
12-22-2006 | Sent out RFE info
01-09-2007 | NOA2 Email received!
I-130 at NVC
01-24-2007 | Case Number Assigned
02-06-2007 | Emailed DS-3032 COA
02-09-2007 | NVC confirms COA in email
02-20-2007 | DS3032 & AOS Fee Bill Mailed
02-26-2007 | Received DS3032 and AOS Fee Bill
02-28-2007 | Mailed AOS Fee Bill and check
03-13-2007 | I-864 received
03-21-2007 | I-864 sent
05-16-2007 | IV Bill resent from NVC (never got the first)
06-02-2007 | IV Bill received
06-05-2007 | IV Bill payment sent
06-26-2007 | Received DS230
06-29-2007 | Mailed DS230 to NVC
08-15-2007 | NVC process complete but was sent back to US CIS (#@$%#$% this sucks)
11-08-2007 | I-130 returned to NVC
11-08-2007 | Requested expedited interview due to daughters illness
11-21-2007 | NVC approved expedited interview. Mailed to Montreal Embassy Nov 20th
12-11-2007 | Told by contact at US Consulate in Toronto that our interview date will be on Jan 4th.
01-04-2008 | Interview In Montreal. VISA GRANTED
01-11-2008 | Arrival in the US
11-09-2009 | Biometrics taken for 10 year green card
01-20-2010 | Approved- 10 GC ordered for production

06-22-2013 | N-400 package sent

Krispy K Contributor

Krispy K   1

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted

Hi everyone. I am a green card holder. I have been overseas for almost 180 days because my mother who lives overseas got sick and needed a surgery. She had a rough recovery after the surgery, but has finally stabilized and been improving. It looks like I will need to stay with her a little longer, which puts me past the 180 day limit.

Will it cause problems at point of entry when I return to the US? And how would this affect my citizenship application when the time comes?

Thank you in advance for your input!

i suggest you get a re entry permit w/c is valid for 2yrs.

timeline

Dec 11, 2012 >>>>>>>>>>>>>>>>>>>>>>>>>>>I-130 sent

Dec 14, 2012 >>>>>>>>>>>>>>>>>>>>>>>>>>>PD/NOA1

2013

July 23 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>NOA2/I-130 approved

Aug. 26 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>NVC received

Aug 30 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>DS3032 received

Sept 11 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>DS3032 sent

Sept11 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>AOS PAID

Sept 26 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>I V AP Fee Bill Invoice (via email)O

Oct 24. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>IV FEE PAid

Oct 28 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>DS 260 sent

2014

Feb 11, 2014>>>>>>>>>>>>>>>>>>>>>>>>>>CC

April 03, 2014 >>>>>>>>>>>>>>>>>>>>>>>>>>> Interview (original date)

March 26, 2014>>>>>>>>>>>>>>>>>>>>>>>>>> Interview (rescheduled)

March 26, 2014>>>>>>>>>>>>>>>>>>>>>>>>>> Visa Approved

April 01, 2014>>>>>>>>>>>>>>>>>>>>>Visa on hand :dancing:

May 02, 2014>>>>>>>>>>>>>>>>>>>>>>>>>>>>>POE Lax :dancing: :joy: :dancing:

Jay2Pnoy Explorer

Jay2Pnoy   3

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

But re-entry permit is only applied if the applicant is inside the United States, the permit shall be requested and adjudicated prior to departure from the US. In this case, it is not advisable.

Plan ahead, if you must stay out of the US for more than 1 year, you should return to the US to apply for re-entry. Otherwise, you will lose your permanent residency status in that regard. If you would stay out of the USA for more than 6 mos but less than 1 year, the burden of proof and documentations shall be provided at the port of entry that you kept your status and remained as a permanent resident even while outside the country. Such include but not limited to family ties in the US, bank account, employment, business, etc.

I-485 Adjustment of Status

10/21/2000 - Entry as B2 visa, changed status to F1

07/25/2005 - Mom filed F2B

03/01/2007 - Filed AOS to Permanent Resident under 245(i) by virtue of Section 203(h)(3) of the Child Status Protection Act of 2001; Public Law 107-208 (CSPA). Automatic Conversion of F2B petition and Retention of Priority date of an F4 petition as derivative beneficiary of dad filed in 1982 by his sister (hereinafter referred to as the "Automatic Conversion and Retention" clause of the CSPA). With the help of a lawyer from Los Angeles - who sent lots of briefs and case laws previously cited by the Board of Immigration Appeals, and Federal Courts to support our arguments.

03/04/2007 - Notice of Action for AOS Received

03/31/2007 - Biometrics Appointment

06/--/2007 - Interviewed in Chicago, District Adjudicator unable to approve AOS outright as more time was needed to review our case arguments, will notify us of the decision.

08/03/2007 - Decision on AOS - "DENIED" on the basis that F2B petition filed by mom was not current. USCIS misconstrued the basis for eligibility for AOS. (Copy of F2B petition mom filed only submitted as evidence that I sought to acquire status as a permanent resident within one year of the availability of the visa (F4 visa current on 12/2004), a requirement for seeking relief under CSPA and INA 203(h)(3))

08/28/2007 - Filed Request for Reconsideration of Decision on Adjustment of Status Application Based on Service (USCIS) Error, that filing for AOS eligibility was based on dad's 1982 petition, that CIS made an error in determining eligibility. (Motion to Reconsider on Form I-290B was filed without a fee, lawyer argued due to the fact that basis for AOS was erred by the Service)

01/24/2008 - Motion to Reconsider/Appeal Rejected by the USCIS District Adjudicator in Chicago due to non-payment of fee.

02/15/2008 - Re-submitted Motion to Reconsider Denial of AOS to Permanent Resident on Form I-290B, Notice of Appeal to the Administrative Appeals Office (AAO), Washington, DC.

02/19/2008 - USCIS received re-filed Motion to Reconsider with a fee of $585. Motion to Reconsider was later transferred to the Administrative Appeals Unit (AAU) in Chicago, IL.

07/28/2008 - Motion to Reconsider Denial of Adjustment on Form I-290B was reconsidered. USCIS Director in Chicago in its own motion submitted a Motion to Reopen, to reopen the case in its entirety. USCIS Director requested for 2nd interview and biometrics (after I sent tons of inquiries to the US Senators Barack Obama and Richard Durbin representing Illinois)

08/02/2008 - 2nd Biometrics Appointment

08/18/2008 - Dad filed another F2B petition requesting F2B conversion from F4 under CSPA and retention of his priority date of 1982. (CSPA decisions and case laws with BIA, Federal Courts and Court of Appeals for the 5th and 9th Circuits do not require that petitioners on later filed F2B petitions be the same as the beneficiary of the original petition, in my case dad was the beneficiary of an F4, but USCIS stance on conversion is that it does not apply to other immigration petitions except F2A and it should not be considered automatic in nature, therefore filing is necessary). A new F2B petition to the derivative beneficiary of the original petition would not have been necessary as afforded by the Act, but the USCIS does not conform to its automatic conversion clause as was on the Act.

09/05/2008 - Email Notice on Adjustment of Status "APPROVAL." (without 2nd interview as originally requested on CIS letter when decided to reopen the case). {Approved AOS based on a hard fought CSPA Automatic Conversion of my F4 derivative status to F2B and Retention of dad's Priority Date of 1982 (therefore making the F2B petition current having retained dad's PD). Law that the government decided to ignore for more than a decade now since the Act was enacted in 2001 signed by President Bush. (The lawyer who represented my case before the District Office Director in Chicago was from the same law firm in Los Angeles who sued the government, in a class action, due to its restrictive interpretation of CSPA denying benefits to those who are otherwise beneficiary of the law, those children of intending immigrants who aged out due to no fault of their own. The law firm was successful in overturning Federal Court ruling in Los Angeles when it appealed the class action to the 9th Circuit Court of Appeals, En Banc decision.) The government then appealed the decision En Banc of the 9th Circuit Court of Appeals (which basically entitled "aged outs", or those derivative beneficiariess of any family based, employment based, diversity visa categories, who turned over 21 yrs of age, to join their parents upon receiving permanent residency status) to the Supreme Court, conjoined Federal Courts decisions out of the 2nd and 5th Circuit Courts of Appeals. PENDING before the Supreme Court, anticipating decision or ruling in 2014.}

09/10/2008 - Received Green Card

N-400 Application for Naturalization

09/05/2013 - Eligibility

06/08/2013 - Sent Form N-400 (90-day rule)

06/10/2013 - Priority Date

06/10/2013 - Check Cashed

07/03/2013 - Biometrics

08/05/2013 - In line for Interview

08/12/2013 - Email Notice N-400 scheduled for Interview

08/19/2013 - Interview Letter - received

09/17/2013 - Interview @ 0930am @ 101 West Congress Parkway, 2nd Floor Citizenship Office, Chicago, IL -- APPROVED!!!

09/18/2013 - Oath Letter - mailed from Chicago USCIS Office

09/19/2013 - Oath Letter - mailed from the National Benefits Center

09/20/2013 - Oath Letter - from Chicago USCIS Office received

09/21/2013 - Oath Letter - from the National Benefits Center received

2 Oath Ceremony Appointment Letters

09/27/2013 - Oath Ceremony

Jay2Pnoy Explorer

Jay2Pnoy   3

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

Your other option is filing for SB-1 or Returning Resident Visa at the US Embassy or Consulate, but many practitioners do not recommend this and only for those unable to return to the US to apply for re-entry, SB-1 requires more paperwork and evidence.

I-485 Adjustment of Status

10/21/2000 - Entry as B2 visa, changed status to F1

07/25/2005 - Mom filed F2B

03/01/2007 - Filed AOS to Permanent Resident under 245(i) by virtue of Section 203(h)(3) of the Child Status Protection Act of 2001; Public Law 107-208 (CSPA). Automatic Conversion of F2B petition and Retention of Priority date of an F4 petition as derivative beneficiary of dad filed in 1982 by his sister (hereinafter referred to as the "Automatic Conversion and Retention" clause of the CSPA). With the help of a lawyer from Los Angeles - who sent lots of briefs and case laws previously cited by the Board of Immigration Appeals, and Federal Courts to support our arguments.

03/04/2007 - Notice of Action for AOS Received

03/31/2007 - Biometrics Appointment

06/--/2007 - Interviewed in Chicago, District Adjudicator unable to approve AOS outright as more time was needed to review our case arguments, will notify us of the decision.

08/03/2007 - Decision on AOS - "DENIED" on the basis that F2B petition filed by mom was not current. USCIS misconstrued the basis for eligibility for AOS. (Copy of F2B petition mom filed only submitted as evidence that I sought to acquire status as a permanent resident within one year of the availability of the visa (F4 visa current on 12/2004), a requirement for seeking relief under CSPA and INA 203(h)(3))

08/28/2007 - Filed Request for Reconsideration of Decision on Adjustment of Status Application Based on Service (USCIS) Error, that filing for AOS eligibility was based on dad's 1982 petition, that CIS made an error in determining eligibility. (Motion to Reconsider on Form I-290B was filed without a fee, lawyer argued due to the fact that basis for AOS was erred by the Service)

01/24/2008 - Motion to Reconsider/Appeal Rejected by the USCIS District Adjudicator in Chicago due to non-payment of fee.

02/15/2008 - Re-submitted Motion to Reconsider Denial of AOS to Permanent Resident on Form I-290B, Notice of Appeal to the Administrative Appeals Office (AAO), Washington, DC.

02/19/2008 - USCIS received re-filed Motion to Reconsider with a fee of $585. Motion to Reconsider was later transferred to the Administrative Appeals Unit (AAU) in Chicago, IL.

07/28/2008 - Motion to Reconsider Denial of Adjustment on Form I-290B was reconsidered. USCIS Director in Chicago in its own motion submitted a Motion to Reopen, to reopen the case in its entirety. USCIS Director requested for 2nd interview and biometrics (after I sent tons of inquiries to the US Senators Barack Obama and Richard Durbin representing Illinois)

08/02/2008 - 2nd Biometrics Appointment

08/18/2008 - Dad filed another F2B petition requesting F2B conversion from F4 under CSPA and retention of his priority date of 1982. (CSPA decisions and case laws with BIA, Federal Courts and Court of Appeals for the 5th and 9th Circuits do not require that petitioners on later filed F2B petitions be the same as the beneficiary of the original petition, in my case dad was the beneficiary of an F4, but USCIS stance on conversion is that it does not apply to other immigration petitions except F2A and it should not be considered automatic in nature, therefore filing is necessary). A new F2B petition to the derivative beneficiary of the original petition would not have been necessary as afforded by the Act, but the USCIS does not conform to its automatic conversion clause as was on the Act.

09/05/2008 - Email Notice on Adjustment of Status "APPROVAL." (without 2nd interview as originally requested on CIS letter when decided to reopen the case). {Approved AOS based on a hard fought CSPA Automatic Conversion of my F4 derivative status to F2B and Retention of dad's Priority Date of 1982 (therefore making the F2B petition current having retained dad's PD). Law that the government decided to ignore for more than a decade now since the Act was enacted in 2001 signed by President Bush. (The lawyer who represented my case before the District Office Director in Chicago was from the same law firm in Los Angeles who sued the government, in a class action, due to its restrictive interpretation of CSPA denying benefits to those who are otherwise beneficiary of the law, those children of intending immigrants who aged out due to no fault of their own. The law firm was successful in overturning Federal Court ruling in Los Angeles when it appealed the class action to the 9th Circuit Court of Appeals, En Banc decision.) The government then appealed the decision En Banc of the 9th Circuit Court of Appeals (which basically entitled "aged outs", or those derivative beneficiariess of any family based, employment based, diversity visa categories, who turned over 21 yrs of age, to join their parents upon receiving permanent residency status) to the Supreme Court, conjoined Federal Courts decisions out of the 2nd and 5th Circuit Courts of Appeals. PENDING before the Supreme Court, anticipating decision or ruling in 2014.}

09/10/2008 - Received Green Card

N-400 Application for Naturalization

09/05/2013 - Eligibility

06/08/2013 - Sent Form N-400 (90-day rule)

06/10/2013 - Priority Date

06/10/2013 - Check Cashed

07/03/2013 - Biometrics

08/05/2013 - In line for Interview

08/12/2013 - Email Notice N-400 scheduled for Interview

08/19/2013 - Interview Letter - received

09/17/2013 - Interview @ 0930am @ 101 West Congress Parkway, 2nd Floor Citizenship Office, Chicago, IL -- APPROVED!!!

09/18/2013 - Oath Letter - mailed from Chicago USCIS Office

09/19/2013 - Oath Letter - mailed from the National Benefits Center

09/20/2013 - Oath Letter - from Chicago USCIS Office received

09/21/2013 - Oath Letter - from the National Benefits Center received

2 Oath Ceremony Appointment Letters

09/27/2013 - Oath Ceremony

env88 Apprentice

env88   3

Posted
Filed: Citizen (pnd) Timeline
Posted (edited)

You are asking this in the citizenship section so I assume your question is in relation to applying for citizenship later on.

Will you have any problem applying for citizenship if you stay abroad for over 180 days? You shouldn't have any problems at all if you have documentation about your mom's surgery / recovery / medical difficulties.

But don't stay abroad more than a year, and don't risk it by staying abroad almost a year. If you stay over a year abroad no documentation can save your timely citizenship. Your residency clock will be reset back to zero.

Edited by env88
journeyeraj Newbie

journeyeraj   0

Posted
Filed: Timeline
  • Author
Posted

Thank you everyone, for your kind response! I will stay just a little over 180 days, less than 7 months. I will bring all the documentation with me in case of a secondary inspection. And yes, I did have concerns for when I apply for citizenship. Looks like it should be alright.

BigDaddy28 Proficient

BigDaddy28   228

Posted
Filed: Citizen (apr) Country: Tunisia
 Timeline
Posted

Thank you everyone, for your kind response! I will stay just a little over 180 days, less than 7 months. I will bring all the documentation with me in case of a secondary inspection. And yes, I did have concerns for when I apply for citizenship. Looks like it should be alright.

7 montha is okay I mean the immigration officer will question why you stayed that long and obviously our mothers are really important to us and we would give them our lives if we had to. But I don't think that they will give you a hard time regarding your situation not even when you apply for citizenship. It's out of your control when it comes to illness.

 
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
 Share
Go to topic listing
- 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...