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nrocky

Long absence from USA after getting Green card

By nrocky in Working & Traveling During US Immigration

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nrocky Explorer

nrocky   3

Posted
Filed: FB-4 Visa Country: India
 Timeline
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I entered the US on a family based immigrant visa (F-4 derivative) in August this year. Left for India after just 5 days stay since i am a final year engineering student and could not have missed college for long. My college ends in May next year.

I am told that one can stay outside US for up to one year as per law. I initially thought of making a visit in January 2017 (i.e, before expiry of 6 months from the last exit) but then that visit would have to be for a maximum period of one week only as i cannot skip college for longer than that. I am now planning to move after my course ends in May. Would there be any problem at the port of entry since i would have been away for almost 10 months?

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IslandQueen Explorer

IslandQueen   45

Posted
Filed: Citizen (apr) Timeline
Posted

I entered the US on a family based immigrant visa (F-4 derivative) in August this year. Left for India after just 5 days stay since i am a final year engineering student and could not have missed college for long. My college ends in May next year.

I am told that one can stay outside US for up to one year as per law. I initially thought of making a visit in January 2017 (i.e, before expiry of 6 months from the last exit) but then that visit would have to be for a maximum period of one week only as i cannot skip college for longer than that. I am now planning to move after my course ends in May. Would there be any problem at the port of entry since i would have been away for almost 10 months?

Apply for a reentry permit.

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AK_2014 Collaborator

AK_2014   113

Posted
Filed: Citizen (apr) Country: Portugal
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But reentry permit is required only if tha absence is greater than one year....

(It's also a moot point since one must apply for the reentry permit before leaving the U.S.; it can't be done from abroad.)

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Jojo92122 Experienced

Jojo92122   1,924

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Filed: Timeline
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But reentry permit is required only if tha absence is greater than one year....

As a green card holder, you need to maintain a US residence. You are not doing that.

The myth that you can maintain your green card status with yearly visits is wrong. Google and you will find lots of people who have lost their green card status with yearly visits. This is why one poster said you "possibly" have a problem based on the scenario you've outlined.

The smart move is to get the Re-Entry Permit which doesn't count your time outside the US against you as long as you maintain ties to the US.

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nrocky Explorer

nrocky   3

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Filed: FB-4 Visa Country: India
 Timeline
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You got me wrong. I do intend to move permanently to the US. It is just my next entry that I have a doubt about. Do I need to return there within 6 months or would 10 months or so be ok since I need to complete my engineering degree. If I go within 6 months and then again come back to India within a few days then it might create a doubt in the mind of the immigration official at the airport when i go next that I do not intend staying permanently and am just making very brief visits

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EM_Vandaveer Experienced

EM_Vandaveer   2,370

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

You should have filed for a re-entry permit to be on the safe side. But that's water under the bridge. Either plan might backfire.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Anitafeliz Experienced

Anitafeliz   1,133

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

You may or may not be stopped but more likely will.....

Apply as said for a reentry permit....

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

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KierenHby Experienced

KierenHby   897

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

Apply as said for a reentry permit....

Cannot apply for RP while overseas

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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KierenHby Experienced

KierenHby   897

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

I entered the US on a family based immigrant visa (F-4 derivative) in August this year. Left for India after just 5 days stay since i am a final year engineering student and could not have missed college for long. My college ends in May next year.

I am told that one can stay outside US for up to one year as per law. I initially thought of making a visit in January 2017 (i.e, before expiry of 6 months from the last exit) but then that visit would have to be for a maximum period of one week only as i cannot skip college for longer than that. I am now planning to move after my course ends in May. Would there be any problem at the port of entry since i would have been away for almost 10 months?

CBP has access to entry-exit data and may question brief visits on a green card. You might get off easy on your next attempt, or your LPR status may be jeopardized; no one here can guarantee one way or another. Entry is entirely at CBP discretion.

And, please complete your Timeline. :time:

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Michael2017 Rising Star

Michael2017   368

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

There will not be a problem. Make sure you bring evidence that you had to finish study in India before permanently returning to the USA. This is a perfect reason for your absence and accepted. Also, make sure you have evidence that shows at the port of entry that you intent to now live permanently in the USA. As a green card holder you must be domiciled in the USA, not permanently reside there. People lose their green card with long travel abroad because they use it as a tourist visa, to visit usa and go back. You had a legit reason to study abroad, finish your study, and move to the USA - with 2 visits within 1 year. You are perfectly fine. The CBP officer has no power to send you back, if he wanted, he must refer you to an Immigration officer. Save the money for the trip, a re-entry permit is not needed. Move to the USA within 1 year of your first visit, bring evidence and all will be fine, 99.9%. If you want it close to 100%, yes visit earlier for a week as you mentioned.

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NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

There will not be a problem. Make sure you bring evidence that you had to finish study in India before permanently returning to the USA. This is a perfect reason for your absence and accepted. Also, make sure you have evidence that shows at the port of entry that you intent to now live permanently in the USA. As a green card holder you must be domiciled in the USA, not permanently reside there. People lose their green card with long travel abroad because they use it as a tourist visa, to visit usa and go back. You had a legit reason to study abroad, finish your study, and move to the USA - with 2 visits within 1 year. You are perfectly fine. The CBP officer has no power to send you back, if he wanted, he must refer you to an Immigration officer. Save the money for the trip, a re-entry permit is not needed. Move to the USA within 1 year of your first visit, bring evidence and all will be fine, 99.9%. If you want it close to 100%, yes visit earlier for a week as you mentioned.

You're very confident on something you shouldn't be.

There possibly could be issues with the CBP if the OP stays outside the USA for more than 6 months and hasn't established a residence at all in the USA. Yes, it's a real issue. LPR = Legal PERMANENT resident. You need to be domiciled (aka have your HOME) in the USA, which means you need to be residing here or at least have proof you haven't abandoned that residency. That's what domicile is. The OP hasn't been in the USA to even establish residency, let alone prove they haven't abandoned it! They do not have domicile in the USA at this time despite having a green card. If you aren't ready to move, you shouldn't do the visa interview. You can delay this so why you would get the visa and activate it when you're not ready to move makes zero sense. It takes long enough to get an F4 as it is.

So will they lose their green card? It's unlikely a judge would take it away because there is a valid reason for the OP but it's a slight possibility.

As per the original question: Could they have issues at POE? Possibly because the CBP may have an issue. Will they have issues? Who knows! It really depends on the CBP officer the OP encounters when they enter the USA.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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