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Filed: AOS (pnd) Country: Australia
Timeline
Posted

My husband immigrated from Australia in January and has his employment authorization and his travel permitted card. We have a devastating family emergency back in Australia and now he has to return to sort out family stuff. what I cant figure out is how long can he be there for before he wouldn't be allowed back in the US?

does anyone know or where I can find out?

thanks so much!

Filed: Citizen (apr) Country: Australia
Timeline
Posted

My husband immigrated from Australia in January and has his employment authorization and his travel permitted card. We have a devastating family emergency back in Australia and now he has to return to sort out family stuff. what I cant figure out is how long can he be there for before he wouldn't be allowed back in the US?

does anyone know or where I can find out?

thanks so much!

He can be gone no longer than 6 months at a time.

Sorry to hear of your family circumstances.

Sukie

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Filed: Citizen (apr) Country: Ireland
Timeline
Posted

**** Moving from Bringing Family to Travel during US immigration *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted

My husband immigrated from Australia in January and has his employment authorization and his travel permitted card. We have a devastating family emergency back in Australia and now he has to return to sort out family stuff. what I cant figure out is how long can he be there for before he wouldn't be allowed back in the US?

does anyone know or where I can find out?

thanks so much!

He can be gone no longer than 6 months at a time.

Sorry to hear of your family circumstances.

Sukie

Actually this is partially true. If he is out out the US for a period of less than 6 months, the CBP will probably have no issues in letting him back into the US as long as this is a the only trip within the last 365 days. You husband can actually remain outside the US for a period up to 364 days without a re-entry permit. Any stay 1 year and over and up to 2 years required him to apply for a re-entry permit BEFORE he departs the US--it can be sent to the local US Embassy of the country he will be staying at. Any stay over 2 years and his GC is considered abandoned--there are a few circumstances where he could return to the US, but those are very rare.

Do not think a trip of 5 months followed by 2 weeks in the US and other trip of 5 months will get by the CBP. If he needs to stay outside the US for more than 6 months, have him take along proof of the emergency and why he needed to stay for so long. He can return to the US using his AP and get the GC after it arrives. Just make certain he returns before the AP expires and before he is outside the US for more than 1 year.

This is the situation the AP was designed to cover. Just document it for the CBP and he should be fine.

Dave

 
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