GC holder returning to US after 10 months

[isaacbundchen 1]

Dear members,

 

Im a conditional Green Card holder ( GC expires in November 2020 ) and I have been outside America for now 10 months and 2 weeks.

 

Im gonna be flying back to America next week ( 10 months and 3 weeks ) after my last departure.

 

the reason:

 

Im taking care of my parents overseas ( my father has a heart disease,  had 2 strokes on the last 8 months, had to be hospitalized 3 times. my mother is 90 years old and has been dealing with diabetes, depression, she is very weak and she lost her leg due to diabetes recently. And unfortunately is just me and my brother and he is not very helpful with my parents. 

So I have to take care of everything.

I did not have time to apply for a reentry permit before leaving the US ( when my father had an stroke )

  Next week Im flying back to America ( 10 months and 3 weeks ) after I left. 

 

Questions 1:  Im bringing all those documents. What should I expect at port of entry??

 

Im bringing with me:

- all the medical paperwork translated

- my marriage certificate with US citizen

-my bank statements in the US including my jointly account with my spouse, my savings account 

- apartment leasing ( rent ) that we have until July 

- car insurance for my two cars in the US

- my DL e my spouse DL copy showing my address

- my tax return from 2018 and 2019 ( jointly with my US citizen spouse)

 

Question 2: I might have to leave the US again after a few weeks, unfortunately my parents cannot be alone now, they are my priority. I want to keep my green card, but my parents are more important . Im only coming to the US now to spend  time with my spouse.If I leave the US again in May 2020, Should I apply for a Reentry permit???? Or it is not worth to spend the $600 ( I will be staying 4-5 months in Portugal, maybe coming to the US every 2 months ). I have to remove conditions so I ll probably be back "for good" in September.

 

thank you 

 

 

 

 

 

 

 

 

 

[Crazy Cat 39,249]

I wouldn't worry.  Green card holders can remain outside the US for up to a year. You might want to also include some of your parents' medical data.........Your documents clearly show, imo, that you have not abandoned your status...........

[isaacbundchen 1]

19 minutes ago, Lucky Cat said:

I wouldn't worry.  Green card holders can remain outside the US for up to a year. You might want to also include some of your parents' medical data.........Your documents clearly show, imo, that you have not abandoned your status...........

thank you lucky...about my second question....leaving the US again after a few weeks....and not applying for a reentry permit.... u think that's a good ideia?

[geowrian 22,335]

I would not be too concerned on the return after 10 months the first time. They may or may not give a verbal warning, but I would expect to be admitted fine.

 

Given the circumstances, I would file for a re-entry permit once back in the US. The reason is you are only expecting to be abroad for 4-5 months, but it seems very possible that could be longer depending on how things go. Once you pass 6 months abroad, with a previous close-to-a-year abroad trip and little tie back i the US between those, your actual permanent residency becomes more of a question IMO. I'm not saying I think they would determine that you did abandon permanent residency...I'm saying that possibility is a larger concern than it needs to be.

 

Your call really. I don't think it's needed, but I do think it's a safer option to have one here.

[isaacbundchen 1]

5 minutes ago, geowrian said:

I would not be too concerned on the return after 10 months the first time. They may or may not give a verbal warning, but I would expect to be admitted fine.

 

Given the circumstances, I would file for a re-entry permit once back in the US. The reason is you are only expecting to be abroad for 4-5 months, but it seems very possible that could be longer depending on how things go. Once you pass 6 months abroad, with a previous close-to-a-year abroad trip and little tie back i the US between those, your actual permanent residency becomes more of a question IMO. I'm not saying I think they would determine that you did abandon permanent residency...I'm saying that possibility is a larger concern than it needs to be.

 

Your call really. I don't think it's needed, but I do think it's a safer option to have one here.

thank you, If I apply for the reentry permit....I know I ll have to the biometrics...and that can take a while.....can I leave the US and come back for the biometrics????

 

also if I apply for a reentry permit now it will expire with my green card in NOV correct?

[geowrian 22,335]

4 minutes ago, isaacbundchen said:

thank you, If I apply for the reentry permit....I know I ll have to the biometrics...and that can take a while.....can I leave the US and come back for the biometrics????

Yes. You only need to be in the US at the time of filing the I-131.

The re-entry permit can be set for pickup at the consulate abroad.

 

Quote

also if I apply for a reentry permit now it will expire with my green card in NOV correct?

Yes, it will expire with the green card.

 

Tough call personally....the fee is a bit steep for such little use, but if funds are not an issue, it's still what I would personally do.

Edited April 9, 2020 by geowrian

[isaacbundchen 1]

10 hours ago, geowrian said:

Yes. You only need to be in the US at the time of filing the I-131.

The re-entry permit can be set for pickup at the consulate abroad.

 

Yes, it will expire with the green card.

 

Tough call personally....the fee is a bit steep for such little use, but if funds are not an issue, it's still what I would personally do.

thank you!

I ll follow your advise!

I will apply for the reentry permit....even tho I have only 6.5 months left on my green card, do you think its possible that the USCIS gonna approve/deny my Reentry permit on time???? I have to be in the US by September to file for Removal of conditions!!!

 

I was reading other topics that it can take 8 months to approve a reentry permit...and since I have only 6,5 months left on my conditional green card, Im a lil confused!!! 

can you help me with that???

 

thank u again!!

 

 

[geowrian 22,335]

3 minutes ago, isaacbundchen said:

thank you!

I ll follow your advise!

I will apply for the reentry permit....even tho I have only 6.5 months left on my green card, do you think its possible that the USCIS gonna approve/deny my Reentry permit on time???? I have to be in the US by September to file for Removal of conditions!!!

 

I was reading other topics that it can take 8 months to approve a reentry permit...and since I have only 6,5 months left on my conditional green card, Im a lil confused!!! 

can you help me with that???

 

thank u again!!

I was thinking of that, too. I checked the official timelines right now and a lot of it depends on what service center gets assigned the request. It looks like the bulk of cases go to the SCs taking "3 weeks to 5 months". That timeframe is for 50% and 93% of cases respectively. So half of the cases are getting adjudicated in 3 weeks at those SCs. But whether your case will be within normal timeframes or not, or if it gets assigned to another SC (I don't know the assignment criteria for re-entry permits) that takes longer on average, is anybody's guess.

 

The biggest issue right now, IMO, is biometrics. Biometrics have to be completed at an ASC, and all ASCs are not available due to the pandemic until at least May...possibly longer. And they cannot do anything until biometrics are completed. Your timeframe of leaving again in May might not align with this.

 

Given the worldwide circumstances plus your specific circumstances, I do think it's a low likelihood of actually having an issue w/o a re-entry permit. I really don't want to misrepresent that aspect. At the same time, I'm a pretty risk-adverse person so minimizing the opportunity for having an issue is the route I normally go.

[isaacbundchen 1]

1 hour ago, geowrian said:

I was thinking of that, too. I checked the official timelines right now and a lot of it depends on what service center gets assigned the request. It looks like the bulk of cases go to the SCs taking "3 weeks to 5 months". That timeframe is for 50% and 93% of cases respectively. So half of the cases are getting adjudicated in 3 weeks at those SCs. But whether your case will be within normal timeframes or not, or if it gets assigned to another SC (I don't know the assignment criteria for re-entry permits) that takes longer on average, is anybody's guess.

 

The biggest issue right now, IMO, is biometrics. Biometrics have to be completed at an ASC, and all ASCs are not available due to the pandemic until at least May...possibly longer. And they cannot do anything until biometrics are completed. Your timeframe of leaving again in May might not align with this.

 

Given the worldwide circumstances plus your specific circumstances, I do think it's a low likelihood of actually having an issue w/o a re-entry permit. I really don't want to misrepresent that aspect. At the same time, I'm a pretty risk-adverse person so minimizing the opportunity for having an issue is the route I normally go.

thank u very much for your answer!!!

I was thinking about going overseas in May and come back to the US for biometrics... 

but I know its a really difficult situation.....even the lawyer that I talked earlier today told me that at this point there is not much that I can do....

 

 

 

 

[geowrian 22,335]

18 minutes ago, isaacbundchen said:

thank u very much for your answer!!!

I was thinking about going overseas in May and come back to the US for biometrics... 

but I know its a really difficult situation.....even the lawyer that I talked earlier today told me that at this point there is not much that I can do....

It is a tough spot. Please keep the thread updated on whatever you go with and how it goes.

Best wishes!

[isaacbundchen 1]

5 minutes ago, geowrian said:

It is a tough spot. Please keep the thread updated on whatever you go with and how it goes.

Best wishes!

I will 

thank u and happy easter!