Returning to US after 11 months away

[mainegirl 2]

Hi Everyone,

My husband has his 10 year PR. We have been overseas for just under a year and are planning our return before the 1 year mark. We were so busy getting out of the country that we didn't check to see if he needed to do anything before we left, so naturally we just realized he should have gotten re-entry permission.

So, my question is, how unlikely is he to run into a huge problem at port of entry?

We: filed our US taxes (and have proof of that)

kept a US address for the bank account

kept a US phone number (but didn't use it...but we do have phone records of calls back to the States while we were gone)

I'm a US citizen, so are our kids (so me and the kids all have US Passports)

I still have a valid US driver's licence (my husband's expired while we were gone, but he still physically has it)

I have a copy of my visitor visa I acquired before I left, stating my intentions to only be in that country for a year.

What do you think? Have any of you had similar circumstances, and what did you do? We don't have time to try to get to a consulate, as we're leaving in 30 days and the consulate is many thousands of miles from where we are.

Thoughts? Suggestions?

[GaRaS 10]

Does travel outside the United States affect my permanent resident status?

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

Hi Everyone,

My husband has his 10 year PR. We have been overseas for just under a year and are planning our return before the 1 year mark. We were so busy getting out of the country that we didn't check to see if he needed to do anything before we left, so naturally we just realized he should have gotten re-entry permission.

So, my question is, how unlikely is he to run into a huge problem at port of entry?

We: filed our US taxes (and have proof of that)

kept a US address for the bank account

kept a US phone number (but didn't use it...but we do have phone records of calls back to the States while we were gone)

I'm a US citizen, so are our kids (so me and the kids all have US Passports)

I still have a valid US driver's licence (my husband's expired while we were gone, but he still physically has it)

I have a copy of my visitor visa I acquired before I left, stating my intentions to only be in that country for a year.

What do you think? Have any of you had similar circumstances, and what did you do? We don't have time to try to get to a consulate, as we're leaving in 30 days and the consulate is many thousands of miles from where we are.

Thoughts? Suggestions?

[mainegirl 2]

Right. Thank you we've read all that. I'm wondering if people have actual experience with a similar situation, if they had any major issues upon return. As stated, we kept a bank account w/ a US address, filed our taxes, and have family in the states (and of course myself and my children are US citizens, which clearly show ties to the US and my temporary 1 year visa to our country abroad should show we only planned to be gone a year?)

[Boiler 43,597]

Always the SB1.

[Hypnos 6,576]

I suspect you'll probably be ok, but it's possible CBP may decide to write a nastygram warning in his passport and/or verbally advise him to "get a re-entry permit next time".

He could theoretically be asked to relinquish his green card voluntarily. The answer to this question, if asked, should be "no". At this point CBP will either back down and grudgingly allow him entry, or double-down and issue him a Notice To Appear in immigration court where they would seek to have an immigration judge revoke his LPR status.

As I said though, the most likely outcome is him just being waved through or admitted with a warning (which is meaningless and just lets them feel better about themselves). Filing taxes is probably enough this time around (bring copies to the airport).

Edited July 27, 2016 by Hypnos

[aaron2020 11,651]

Hi,

Your husband should not have a big problem at the POE. CBP may ask him for information and scrutinize him more than normal. CBP can not terminate his LPR status, the worst they can do is refer him to an immigration judge. This is highly unlikely with him filing a US tax return as proof of maintaining ties to the US. It would be a colossal waste of time with a USC spouse for them to refer him an immigration judge.

Safe travels.

[mainegirl 2]

Thank you, thank you, thank you so much everyone! You've really set my mind at ease. I'll update in 7 weeks after our return