Re-Entry After Absence of Over 6 Months

[c.ortiz 0]

My wife is a 10-year GC holder.  We lived in the US for 7 years before coming to Europe for an extended stay.  She had no long stays outside the US prior to that - just a couple of holidays to Mexico.  We've been gone 6 months, and plan on going back in another 2-3 months.  We had a few reasons for the trip: we wanted to get away from the scary Covid situation in the US, because at the time Europe was doing much better.  We also wanted to look for an investment property, which we've been thinking about for a long time - having a place back in Europe to rent out, and for holidays.  But lockdown here sudden, long, and very strict, so we were basically just stuck in an apartment for 3 months.  Now we want to have the trip we'd planned on having since that things are finally opening up.

 

Everything I see on official USCIS website etc. says she can be gone for up to one year, but beyond that should get a re-entry permit.  So we didn't get her one.  On other websites (lawyers and forums) a lot of people say it's only 6 months.  I tend to believe USCIS, but what can we expect when we go back?

 

We're still married, and we still have the same address we've always had in the US, and will be going back to it.  We'll be traveling together with our dog.  We're both self-employed but online, so we have no "work" to return to.  I do have family in the same town (including my elderly mother), though she doesn't.  

 

Also, she applied for US citizenship last year but her appointment came up the same day as our flight to Europe, after we had booked and it was non-refundable.  So we cancelled it and sent them a letter that she'd apply again later because she'd be away for a few months.

 

Based on all this, should we envision any problems going home?  If so, what do we need to be prepared for and how should we handle it?  

 

Thanks.

 

 

 

 

 

 

[Crazy Cat 41,980]

She might asked a few questions, but generally, a Green Card holder can remain outside the US for up to a year.  I would expect no real issues re-entering.

 

https://help.cbp.gov/s/article/Article-820?language=en_US

[Dashinka 24,592]

I agree, as long as it is less than 12 months, you should have no issues, and if asked questions, it seems you already have a good reason.

[Nitas_man 3,100]

10 hours ago, c.ortiz said:

My wife is a 10-year GC holder.  We lived in the US for 7 years before coming to Europe for an extended stay.  She had no long stays outside the US prior to that - just a couple of holidays to Mexico.  We've been gone 6 months, and plan on going back in another 2-3 months.  We had a few reasons for the trip: we wanted to get away from the scary Covid situation in the US, because at the time Europe was doing much better.  We also wanted to look for an investment property, which we've been thinking about for a long time - having a place back in Europe to rent out, and for holidays.  But lockdown here sudden, long, and very strict, so we were basically just stuck in an apartment for 3 months.  Now we want to have the trip we'd planned on having since that things are finally opening up.

 

Everything I see on official USCIS website etc. says she can be gone for up to one year, but beyond that should get a re-entry permit.  So we didn't get her one.  On other websites (lawyers and forums) a lot of people say it's only 6 months.  I tend to believe USCIS, but what can we expect when we go back?

 

We're still married, and we still have the same address we've always had in the US, and will be going back to it.  We'll be traveling together with our dog.  We're both self-employed but online, so we have no "work" to return to.  I do have family in the same town (including my elderly mother), though she doesn't.  

 

Also, she applied for US citizenship last year but her appointment came up the same day as our flight to Europe, after we had booked and it was non-refundable.  So we cancelled it and sent them a letter that she'd apply again later because she'd be away for a few months.

 

Based on all this, should we envision any problems going home?  If so, what do we need to be prepared for and how should we handle it?  

 

Thanks.

 

 

 

 

 

 

You need to expect an uphill battle over the break in continuous presence (citizenship) but staying out for extended periods never affected us at re-entry

[c.ortiz 0]

6 hours ago, Nitas_man said:

You need to expect an uphill battle over the break in continuous presence (citizenship) but staying out for extended periods never affected us at re-entry

You mean the absence will be an issue when she applies for citizenship, but not for re-entry in her GC if it's under a year?

 

Waiting a while to apply for citizenship isn't a problem.  Being back in the country without any issues is the main concern right now. But what do you mean by "an uphill battle" exactly?

[Nitas_man 3,100]

1 hour ago, c.ortiz said:

You mean the absence will be an issue when she applies for citizenship, but not for re-entry in her GC if it's under a year?

 

Waiting a while to apply for citizenship isn't a problem.  Being back in the country without any issues is the main concern right now. But what do you mean by "an uphill battle" exactly?

Re-entry if under a year (in our experience) will be no issue.  
Uphill battle - citizenship application, not re-entry

 

You were advised you may be asked questions on entry.  Here is one example after leaving in Jan and returning in Dec a few years ago:

 

We passed through together - I, not she, answered them

 

“Why out so long” - I was working

“Why was she out” - she was with me

“Where you working” - Saudi

“Why no travel doc” - didnt apply for one

“Why not” - didnt intend to be out longer than a year

“You going to apply for one?”  We will probably apply after ROC, if I’m still assigned there. No point with a GC with less than two year validity, because the travel doc is for absences up

to two years.  

”You needed one” Well I thought we might, but the instructions specifically said absences longer than a year and up to two years.  Didn’t apply then, doesn’t apply now <with a raised eyebrow at the idiot holding us and our 7-month old up after 26 hours of flying>

“You going back” - yep

“You moving permanently” - Nope, can’t.  Nobody can.  It’s year to year contract.  No such thing in that country as permanent residence.  She’s there as dependent not allowed to work - as written on her visa in her passport

Foreign company?  Foreign location, multinational company.  Contracted, paid, benefits managed through their Houston offices

 

They wrote “out 11 months” in her passport and stamped us through

 

That was Dec.  We left 3-4 weeks later, returned 5 months after that (June) and no issue on that re-entry.

 

That is one example from WORKING out of the country.  Your situation is nowhere near that.  In my view you will be fine.  
 

Absences OVER a year are a different issue altogether.  We never, ever tried that on a GC, we surrendered one, DCF’d, got a new one, lived in the US for a couple years, returned to Saudi with a travel doc for a couple years and got an SB1 for final, permanent return to the US back in 2018.  Not going back and not going anywhere else for an extended stay until the N-400 gets approved.

 

Advice:  Keep your answers short and honest.  Don’t get into a big discussion with those guys and don’t, do not, under any circumstance surrender a green card at an airport.  Worst case - let a judge sort it out.  In 15 years (here) I never even got a sniff of a couple being sent to or referred to an immigration  judge for being out of the country less than a year.

 

Safe travels

[lcsbr 2]

I was outside the US for 11 months with a 2 year green card.

returning to the US they asked me why I was overseas for 11 months. ( 10 months and 3 weeks )

I said was for medical reasons...

 

no issues at all

[c.ortiz 0]

So it's okay to answer for my wife?  Her English is perfect but she gets scared and tongue-tied in situations like that.