Reentry within a year? Question 2

[Mac An Lighiche 1]

Well, I had attached this to the end of a post I'd made previously and was given all good responses but I'm a little worried and was wondering if someone could give me just a little more advice.

I've been out of the US for 8 months with family based medical emergency and such. Could you explain my rights to me a little, it's like my biggest fear being stopped at customs and treated like a criminal or something lol. I have nothing to hide but my leaving date was January 11, I had a return flight for May but I over stayed because my cousin had leukemia and he was only 18. Since it's September now, I have until Jan 11 before it's a year again. I just don't know if I should leave it much longer, if I flew back in December would I have trouble? I brought savings with me but they are running out and I can make some money between now and then to take back with me. Is this acceptable? Or am I pushing it, should I leave now?

Thank you so much, sorry I'm just nervous about it.

Edited September 5, 2016 by Mac An Lighiche

[clairebear24 3]

You'll be fine. I was out of the US for 2 years before I came back. As long as there were no crimes committed, you'll be fine

[Hypnos 6,576]

No, everything is not "fine" just because it worked out for you in your situation.

LPRs are required to maintain their residency in the US by maintaining US Bank accounts, mailboxes, drivers licenses/IDs, filing federal income tax returns, etc.

It's possible that CBP will ask you to provide proof of your maintenance of your residency when you attempt to enter, so hopefully you have something to show them.

After you have been outside the US for a year and don't possess a re-entry permit, there is a presumption that you have abandoned your residency. If you attempt entry under these circumstances then it's likely that you would be asked to voluntarily surrender your green card at PoE. If your declined then you may well be referred to immigration court where CBP would ask an immigration judge to revoke your LPR status.

The long and the short of it is that a green card is for people who are living in the US. If you aren't living in the US then you aren't entitled to a green card.

Edited September 5, 2016 by Hypnos

[Mac An Lighiche 1]

I get that, I paid my income taxes, even though I wasn't there this year and still have my wife in the US, I'm just wondering if I should leave now rather than later

[Harpa Timsah 13,258]

I might leave sooner v later for peace of mind. Your other thread explained why you were gone better, that it was unexpected, that you had lived int he US for 4 years or something, and still were married.

Who knows what would happen at POE, but I think your story will check out eventually. You might get hassled a little, but hopefully not. Just don't voluntarily surrender your GC if they ask

[Cathi 5,609]

You'll be fine. I was out of the US for 2 years before I came back. As long as there were no crimes committed, you'll be fine

Terrible advice!!! Just because you got away with it doesn't mean the OP or others will!!!

[Nich-Nick 3,353]

Well, I had attached this to the end of a post I'd made previously and was given all good responses but I'm a little worried and was wondering if someone could give me just a little more advice.

I've been out of the US for 8 months with family based medical emergency and such. Could you explain my rights to me a little, it's like my biggest fear being stopped at customs and treated like a criminal or something lol. I have nothing to hide but my leaving date was January 11, I had a return flight for May but I over stayed because my cousin had leukemia and he was only 18. Since it's September now, I have until Jan 11 before it's a year again. I just don't know if I should leave it much longer, if I flew back in December would I have trouble? I brought savings with me but they are running out and I can make some money between now and then to take back with me. Is this acceptable? Or am I pushing it, should I leave now?

Thank you so much, sorry I'm just nervous about it.

You can read what USCIS says about it here

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

[vbtwo 54]

Try to come back at a major international entry point like JFK - officers there seem to not be as strict and let slip a lot more than in smaller airports from what I've read.

For instance, when we came back using an AP at JFK, the officer didn't even send us to secondary and barely looked at the AP card, looked closer at the original K1 visa, just stamped as K1 status (right next to previous K1 entry even though K1 is a one time visa).

When we came back during ROC at JFK, the officer didn't even care that the GC was expired and didn't ask for extension letter or anything.

I know somebody that won a GC in a lottery like 10 years ago, but is living in Germany currently and just comes to the US like once a year for 2 weeks, every time coming in at JFK and has never had any problems whatsoever getting in.