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wg1234

How Long Can I Leave the US?

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I have my green card and wanted to find out how long I can stay outside of the US and how the timing resets (how does the 180 days count). I left SF at the end of October 2020 and currently in Toronto to a family emergency. If I return to the US for a couple weeks by April (so I'm not out for more than 6 months), and I leave again, do the days reset or is it a rolling count over 365 days?  Do the 180 days count per calendar year or is it a rolling count over 365 days?

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Thanks! I am living in the US and that is my intent but had to return to Toronto for a family emergency and now death to deal with. I'll look into the re-entry permit.

Edited by wg1234

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7 minutes ago, wg1234 said:

Thanks! I am living in the US and that is my intent but had to return to Toronto for a family emergency and now death to deal with. I'll look into the re-entry permit.

You can only file for the re-entry permit while present in the USA and obviously, you can't leave without it. By the time April comes around, your absence will be six months. That's technically okay but it may raise questions. It just depends on the agent you get. How long do you plan on being away after April?

Edited by mushroomspore

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5 minutes ago, mushroomspore said:

You can only file for the re-entry permit while present in the USA and obviously, you can't leave without it. By the time April comes around, your absence will be six months. That's technically okay but it may raise questions. It just depends on the agent you get. How long do you plan on being away after April?

Probably just 1 more month to finish settling the estate.

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1 hour ago, wg1234 said:

Probably just 1 more month to finish settling the estate.

You'll most likely be alright. Just be prepared to explain. You may get some pointed grilling; you may not. It'll depend on the CBP agent. But ultimately, you should be alright. 

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28 minutes ago, mushroomspore said:

You'll most likely be alright. Just be prepared to explain. You may get some pointed grilling; you may not. It'll depend on the CBP agent. But ultimately, you should be alright. 

Thank you!!

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Filed: Citizen (apr) Country: Ecuador
Timeline

When you seek to re-enter the U.S., have with you the documents that will support your stated reason for being out so long -- death certificate, announcement of estate sale or settlement, perhaps a letter from the decedent's doctor that describes the lengthy illness and the family support required.

 

Have these ready to stick into the CBP agent's hand at the first question or first sign of any doubt.  Helpfully add, "I'll be happy to discuss these with the Shift Supervisor if his/her approval is required."

 

And please let us know, in detail, your actual experience.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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On 2/6/2021 at 2:14 AM, TBoneTX said:

When you seek to re-enter the U.S., have with you the documents that will support your stated reason for being out so long -- death certificate, announcement of estate sale or settlement, perhaps a letter from the decedent's doctor that describes the lengthy illness and the family support required.

 

Have these ready to stick into the CBP agent's hand at the first question or first sign of any doubt.  Helpfully add, "I'll be happy to discuss these with the Shift Supervisor if his/her approval is required."

 

And please let us know, in detail, your actual experience.

Thanks for the tips on bringing the additional documentation (I was planning on bringing the death certificate but didn't think of the other documents). I'll reply back with my actual experience.

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Filed: Citizen (apr) Country: Ecuador
Timeline

Your experience will surely enlighten others.  Good luck.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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