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Elka

Traveling outside US as GC holder

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Posted (edited)

Hello,
I have GC since 9/2016.
I don't have reentry permit.

I'm staying outside the US for 10 month. I visited US last week for 1 week. 
My question is, the 1 year traveling as GC holder counter was "reset" with my last week visit? Can I stay outside US for another 6 month or 1 year without special questions?

Thanks!

Edited by Elka

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Posted (edited)
11 minutes ago, Elka said:

Hello,
I have GC since 9/2016.
I don't have reentry permit.

I'm staying outside the US for 10 month. I visited US last week for 1 week. 
My question is, the 1 year traveling as GC holder counter was "reset" with my last week visit? Can I stay outside US for another 6 month or 1 year without special questions?

Thanks!

GC is for living in the US, not visiting. Each entry will be at the decision of the CBP Officer. Continued longer stays even if less than 6 months can raise the question of your intent ... as LPRs we are never “safe” from “special questions” .  It’s never about just the length of time you are out  .. or staying under some specific number ..

Edited by Lil bear

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Posted (edited)
21 minutes ago, Elka said:

Hello,
I have GC since 9/2016.
I don't have reentry permit.

I'm staying outside the US for 10 month. I visited US last week for 1 week. 
My question is, the 1 year traveling as GC holder counter was "reset" with my last week visit? Can I stay outside US for another 6 month or 1 year without special questions?

Thanks!

Depends.  What are you doing while you are out and what was your basis for obtaining a green card?

 

We stayed out 11 months, got hassled (no secondary, just a note in the passport) when we entered, left 3 weeks later, and reentered 5 months after that with no question or comment.  After all I can always file another petition.

 

Since my wife and I were travelling together, and I was working overseas, and we were out less than a year, the officer let us through.  He didn’t want to.  

 

She could have been brought to secondary but wasn’t.  

 

So, it depends on your officer.  Worst case:  they may ask you to surrender your green card and you need to know that you do not have to however you can be put into removal proceedings and have to go to immigration court.  They can detain you until your hearing.    

 

Hopefully you are keeping solid ties to the US because if you are working and living and banking overseas you have a chance of losing that hearing.

 

Edited by Nitas_man

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My intention is to come back for living in US for long period on Oct 19. Right now I have some personal issues in my origin country.

My GC is employment based (EB-1).

 

Is it better to come and apply for reentry permit?

 

Thanks!

 

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Sounds like a reentry permit would be advisable.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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