Returning to USA after 10 months abroad

[Areaze 7]

Hello,

 

After obtaining my GC, I stayed in the USA for about 5 months before heading back to my home country for 10 months (Originally for vacation, but extended due to health reasons) and took a temporary job as an English teacher to support myself.

 

I was wondering if I would have any troubles at the POE?

 

American ties:

- My entire immediate family is in the USA (USA Citizen step dad, GC Mom, and brothers - I'm not married)
- Kept my USA Bank account open 
- Kept paying and using my USA Credit cards
- Still have valid Driving License with me
- Still have physical SSN card with me

 

I would be returning to the USA for good and not traveling back to my home country.

 

Any advice, thoughts, previous experiences would be awesome!

Edited October 21, 2017 by Areaze

[KULtoATL 1,551]

You might need a SB-1 but I'm not 100% sure. Read this while waiting for the more experienced members to render their assistance: https://travel.state.gov/content/visas/en/immigrate/returning-residents.html.

 

ETA: Maybe not since your travel wasn't more than a year!! Good that you maintained the things you listed above.

Edited October 21, 2017 by KULtoATL

[Areaze 7]

Oh SB-1 isn't needed as a green card is the valid entry document for a stay abroad less than 1 year

[caliliving 606]

a greencard is to LIVE in the usa. you just need to go back before you stay more then a year. but do you want to keep working where you are or live in the USA??

[caliliving 606]

if you are using your greencard as a tourist visa, that is illegal! so if you are honest that you had health issues that kept you in your country and now you are going back to work, you will be ok! but if you are going to 'reset' a clock, no its not like that. if you are trying to figure out for later in life, it doesnt work that way! as a PR/greencard holder you need to be working and living in america now.  

[caliliving 606]

58 minutes ago, Areaze said:

Hello,

 

After obtaining my GC, I stayed in the USA for about 5 months before heading back to my home country for 10 months (Originally for vacation, but extended due to health reasons) and took a temporary job as an English teacher to support myself.

 

I was wondering if I would have any troubles at the POE?

 

American ties:

- My entire immediate family is in the USA (USA Citizen step dad, GC Mom, and brothers - I'm not married)
- Kept my USA Bank account open 
- Kept paying and using my USA Credit cards
- Still have valid Driving License with me
- Still have physical SSN card with me

 

I would be returning to the USA for good and not traveling back to my home country.

 

Any advice, thoughts, previous experiences would be awesome!

if you are traveling and moving to america for good you will be ok! you are less then a year and just need an entry permit. they may ask at the border, or they may not! when are you moving back to america?? 

[Penguin_ie 5,986]

It will be up to the CBP officer at the airport when you come back.  I think your chances are decent due to the ties to the USA, but working abroad will count against you (the argument being, if you are well enough to work, why were you  not well enough to return). I would suggst not leaving the USA for quite some time after your return.

[Going through 5,668]

1 hour ago, Areaze said:

Hello,

 

After obtaining my GC, I stayed in the USA for about 5 months before heading back to my home country for 10 months (Originally for vacation, but extended due to health reasons) and took a temporary job as an English teacher to support myself.

 

I was wondering if I would have any troubles at the POE?

 

American ties:

- My entire immediate family is in the USA (USA Citizen step dad, GC Mom, and brothers - I'm not married)
- Kept my USA Bank account open 
- Kept paying and using my USA Credit cards
- Still have valid Driving License with me
- Still have physical SSN card with me

 

I would be returning to the USA for good and not traveling back to my home country.

 

Any advice, thoughts, previous experiences would be awesome!

There is no guarantee of entry as a green card holder.

You will face extra scrutiny at the border, most likely, because of your extended stay in another country.

The fact that you took foreign employment while abroad is going to work against you as well, because it will look like you were setting up residency outside of the United States.

They won't care (or take into account) that you still have a valid drivers licence or valid SS card.

 

Do you have any proof that your extended stay due to health reasons was out of your control?  Was it your health in question, or you were the primary caregiver for someone else?

 

57 minutes ago, Areaze said:

a green card is the valid entry document for a stay abroad less than 1 year

Doesn't quite work the way you are thinking...

Edited October 21, 2017 by Going through

[Sunnyland 639]

It will be up to the CBP officer if they let you in. They might send you to secondary room and be aware that can take a few hours. In 2012 I went to visit my family in my home country and stayed there for 2 months. At that time I had my AP only. In my return to US, the Customs officer sent me to secondary room that night and waited there for like 2 hours. I was the last person to be "interviewed" in that shift. The lady officer that interviewed me did not like that I spent 2 months abroad visiting my family after entering US with my K1 visa in February that same year. I had to explain her that I needed things to do in my country, etc. 

 

At one point she asked me if I was planning to do another trip  abroad anytime soon, I told her I did not have any plan but if I have to do it I will do it. If there is an emergency or something. She was hesitating to let me IN. I told her to call my US husband if she has any more questions, etc. Right there she let me in. 

My case was different from yours because I did not have the GC in hand at that time but I know 2 months should not have been a big deal. In your case, you have the GC but you stayed  abroad 10 months due to health issues. The problem here is that they will see you were working during those months. So if you were working, that means you were not that sick not to return to your residence country. That's the way they will see it. Hope they won't give you the hard welcome they gave me. Every CBP officer is different. It will depend who will see you that day I guess.

 

[Nitas_man 3,100]

1 hour ago, Going through said:

Doesn't quite work the way you are thinking...

Yeah, it actually does.  The OP will be fine.

[Going through 5,668]

13 minutes ago, Sunnyland said:

My case was different from yours because I did not have the GC in hand at that time but I know 2 months should not have been a big deal.

Just wanted to mention that even with the GC it can still cause problems for shorter trips.

 

I once went to Canada for a roughly 2-month vacation (had my green card in hand, an LPR for over 10 years at that time)...and the POE officer still put me into secondary questioning.  It was only when I showed my DOE identification and explained I was an assistant teacher and had around 2 months off every summer, so could "afford to take that kind of time off from work to travel",  he let me back in with no further questions.

[Going through 5,668]

7 minutes ago, Nitas_man said:

Yeah, it actually does.  The OP will be fine.

Oh I'm sure border will let the OP cross as well.  Most likely they will face some scrutiny though for the extended time abroad, and working there.

Edited October 21, 2017 by Going through

[Nitas_man 3,100]

1 minute ago, Going through said:

Oh I'm sure border will let the OP cross as well.  Most likely they will face some scrutiny though for the extended time abroad, and working there.

No doubt about that.  Been there.  LOL

[Areaze 7]

3 hours ago, caliliving said:

if you are traveling and moving to america for good you will be ok! you are less then a year and just need an entry permit. they may ask at the border, or they may not! when are you moving back to america?? 

Entry permit? I just have my green card. In March, before 10 months actually.

[Areaze 7]

1 hour ago, Sunnyland said:

It will be up to the CBP officer if they let you in. They might send you to secondary room and be aware that can take a few hours. In 2012 I went to visit my family in my home country and stayed there for 2 months. At that time I had my AP only. In my return to US, the Customs officer sent me to secondary room that night and waited there for like 2 hours. I was the last person to be "interviewed" in that shift. The lady officer that interviewed me did not like that I spent 2 months abroad visiting my family after entering US with my K1 visa in February that same year. I had to explain her that I needed things to do in my country, etc. 

 

At one point she asked me if I was planning to do another trip  abroad anytime soon, I told her I did not have any plan but if I have to do it I will do it. If there is an emergency or something. She was hesitating to let me IN. I told her to call my US husband if she has any more questions, etc. Right there she let me in. 

My case was different from yours because I did not have the GC in hand at that time but I know 2 months should not have been a big deal. In your case, you have the GC but you stayed  abroad 10 months due to health issues. The problem here is that they will see you were working during those months. So if you were working, that means you were not that sick not to return to your residence country. That's the way they will see it. Hope they won't give you the hard welcome they gave me. Every CBP officer is different. It will depend who will see you that day I guess.

 

The problem is I had to work because I didn't even have the funds to return back to USA and ofc I do not want to be a public charge.