Reentry permit limited to 1 year

[jamesneil1 0]

Hi All, 

I would like some advice please. If someone has stayed outside of the USA for over 4 years in the past 5 years with 1 reentry permit due to some legitimate reason, as I understand from the USCIS website the duration of the reentry permit is limited to 1 year instead of 2 years. So the i131 section where it asks how long you intend to be away, is it worth putting the actual time in (i.e. 680 days) or should one leave it to 365 days knowing that it will be limited to 1 year?

Thank you for your help.

[Roel 7,192]

To be honest if you have been outside of the US for 4 years there is 99% chance your green card is just a piece of plastic and your residency has been abandoned. 

If you had a re entry permit then it definitely wasn't valid for 4 years. NO matter the reason. I don't really understand your question thought. Are you asking if it's worth lying on the form about how long you've been away? Because that's very not worth it.. 

Edited November 1, 2017 by Roel

[jamesneil1 0]

20 minutes ago, Roel said:

To be honest if you have been outside of the US for 4 years there is 99% chance your green card is just a piece of plastic and your residency has been abandoned. 

If you had a re entry permit then it definitely wasn't valid for 4 years. NO matter the reason. I don't really understand your question thought. Are you asking if it's worth lying on the form about how long you've been away? Because that's very not worth it.. 

The reasons for being away are due to education and I'm sure it's not considered abandoned because it's not complete 4+ years, I have been going back home(usa) during my term breaks. Also no I am not asking if I should lie on the application, I am asking should I ask for a reentry permit  for a longer duration or not? I ask this because the USCIS website says that after 4 years the reentry permit might be limited to 1 year. So should I ask the whole limit (365 days) or over the limit? Thank you.

[Penguin_ie 5,994]

Your situation is very rare, as most people only stay out a couple of years, or otherwise delay getting their greencard or abandon the greencard and get another one when they are done with their education.  Because of this, I am not sure you will get a lot of expert advice here.

 

My "guessing" advice would be to put the time you need to be out on your application, on the off chance they grant it.

[Cyberfx1024 7,980]

49 minutes ago, jamesneil1 said:

The reasons for being away are due to education and I'm sure it's not considered abandoned because it's not complete 4+ years, I have been going back home(usa) during my term breaks. Also no I am not asking if I should lie on the application, I am asking should I ask for a reentry permit  for a longer duration or not? I ask this because the USCIS website says that after 4 years the reentry permit might be limited to 1 year. So should I ask the whole limit (365 days) or over the limit? Thank you.

My best guess is that you need to finish your education here in the USA to start with. I can see finishing up a education for 1 year MAYBE 2 but not 4 years. At that point you have pretty much said screw my green card. 

[geowrian 22,337]

1 hour ago, jamesneil1 said:

The reasons for being away are due to education and I'm sure it's not considered abandoned because it's not complete 4+ years, I have been going back home(usa) during my term breaks. Also no I am not asking if I should lie on the application, I am asking should I ask for a reentry permit  for a longer duration or not? I ask this because the USCIS website says that after 4 years the reentry permit might be limited to 1 year. So should I ask the whole limit (365 days) or over the limit? Thank you.

Returning home during breaks isn't a guarantee that the card (or more precisely, your residency) won't be considered abandoned. A valid reentry permit just means the duration of travel abroad won't be a sole factor in determining if residency was abandoned. What really matters most is creating and then maintaining ties to the US.

 

I would suggest putting down how long you intend to be abroad, and letting them handle how long to actually grant it for.

[SusieQQQ 11,586]

2 hours ago, jamesneil1 said:

Hi All, 

I would like some advice please. If someone has stayed outside of the USA for over 4 years in the past 5 years with 1 reentry permit due to some legitimate reason, as I understand from the USCIS website the duration of the reentry permit is limited to 1 year instead of 2 years. So the i131 section where it asks how long you intend to be away, is it worth putting the actual time in (i.e. 680 days) or should one leave it to 365 days knowing that it will be limited to 1 year?

Thank you for your help.

Surely you mean 2 re-entry permits for the 4-year absence, not 1? They have 2-year max so the “allowance”is 2x2 years, then the 1-year one that you’re about to apply for.

 

Knowing that it’s max a year I’d be inclined to put that; although Geowrian’s advice makes sense, I guess I’d just be worried after so long out that someone would in fact start wondering about my intentions about residency.

[Ontarkie 14,280]

There have been members who's kids/stepkids went back to study abroad. The things you need to make sure you do , is come back as often as you can, make sure you are not listed as a resident of what ever country you study in. Pay non resident tuition.  Marking yourself as a resident in another country pretty much tells USCIS you are not a US resident. Another  thing is to make sure you comeback to renew your reentry permit, this is a must do not let it lapse.  Have as much things showing the US is your resident. Driver license, bank, doctors, dentist. You can set up appointments to those while you're home visiting. 

 

 

[Nitas_man 3,100]

3 hours ago, Roel said:

To be honest if you have been outside of the US for 4 years there is 99% chance your green card is just a piece of plastic and your residency has been abandoned. 

If you had a re entry permit then it definitely wasn't valid for 4 years. NO matter the reason. I don't really understand your question thought. Are you asking if it's worth lying on the form about how long you've been away? Because that's very not worth it.. 

Not true

 

3 hours ago, jamesneil1 said:

Hi All, 

I would like some advice please. If someone has stayed outside of the USA for over 4 years in the past 5 years with 1 reentry permit due to some legitimate reason, as I understand from the USCIS website the duration of the reentry permit is limited to 1 year instead of 2 years. So the i131 section where it asks how long you intend to be away, is it worth putting the actual time in (i.e. 680 days) or should one leave it to 365 days knowing that it will be limited to 1 year?

Thank you for your help.

Put the truth and clearly describe the reason.  Which one of you is the cause of being out of the country?

 

The re-entry permit itself provides you an automatic presumption that you do not intend to abandon status.  Even an expired one helps you get back in.  Make sure you are maintaining strong ties - don't make the mistake of banking wherever you are or failing to file taxes or anything like that.

 

 

[jamesneil1 0]

Thanks for the reply guys. 

Is there any chance they can deny the application based on asking for more time than can be given? 

 

[jamesneil1 0]

16 hours ago, Ontarkie said:

There have been members who's kids/stepkids went back to study abroad. The things you need to make sure you do , is come back as often as you can, make sure you are not listed as a resident of what ever country you study in. Pay non resident tuition.  Marking yourself as a resident in another country pretty much tells USCIS you are not a US resident. Another  thing is to make sure you comeback to renew your reentry permit, this is a must do not let it lapse.  Have as much things showing the US is your resident. Driver license, bank, doctors, dentist. You can set up appointments to those while you're home visiting. 

 

 

From what you and nitas_man has said, if you file taxes as a resident and claim a foreign exclusion of some sort doesn't that imply saying you're resident of another country or can that work against you at all? 

[Ontarkie 14,280]

3 hours ago, jamesneil1 said:

From what you and nitas_man has said, if you file taxes as a resident and claim a foreign exclusion of some sort doesn't that imply saying you're resident of another country or can that work against you at all? 

Do you mean filling taxes as a resident of another country, not the USA? If so yes it will bite you in the behind. 

[SusieQQQ 11,586]

 

17 hours ago, Ontarkie said:

Do you mean filling taxes as a resident of another country, not the USA? If so yes it will bite you in the behind. 

I presume he means the exclusion allowed for a certain amount of foreign income before it gets taxed in IRS hands. Still file as US resident.

20 hours ago, jamesneil1 said:

From what you and nitas_man has said, if you file taxes as a resident and claim a foreign exclusion of some sort doesn't that imply saying you're resident of another country or can that work against you at all? 

Nitas has more experience of prolonged filing while out the country - I personally only used this in my first, dual status return. 

i’d worry abot the fact that you seem to be working abroad rather than studying if you’re asking this? Or is it some kind of part time TA/RA position? While you file as resident...obviously you are working abroad which is a sign they don’t like.  Then again whether or not you claim the exclusion you need to declare the income. Then again, you do have a re-entry permit...

[jamesneil1 0]

14 hours ago, SusieQQQ said:

 

I presume he means the exclusion allowed for a certain amount of foreign income before it gets taxed in IRS hands. Still file as US resident.

Nitas has more experience of prolonged filing while out the country - I personally only used this in my first, dual status return. 

i’d worry abot the fact that you seem to be working abroad rather than studying if you’re asking this? Or is it some kind of part time TA/RA position? While you file as resident...obviously you are working abroad which is a sign they don’t like.  Then again whether or not you claim the exclusion you need to declare the income. Then again, you do have a re-entry permit...

You are right and yes I had some part time work, so legally I was obliged to file. I did file and so now I have shot myself in the foot?

[SusieQQQ 11,586]

1 minute ago, jamesneil1 said:

You are right and yes I had some part time work, so legally I was obliged to file. I did file and so now I have shot myself in the foot?

Part time work while studying shouldn’t be a problem.