Areaze

You can put both as your current employer. I did that.

On 1/21/2023 at 3:33 PM, Iris1954 said:

Thanks for the input guys.   I have asked many of the Lao I know here in the USA also but there doesn't seem to be a clear answer.  Both my husband and I have had many interactions with Lao immigration so we are not so concerned with that aspect.  The issue is my partner is fearful of losing his Lao passport.  Can those of you who have actually taken American citizenship chime in?  Especially those coming from countries that do not all dual citizenship.  Has anyone had direct experience with this issue?

My country, Indonesia, is similar to Laos in that it doesn't allow dual citizenship. I don't have to inform the Indonesian embassy that I am now an American citizen and I can still use my Indonesian passport to travel. The complication arises when it comes to entering and leaving Indonesia. Indonesian immigration has, the majority of the time, asked me for my green card or USA visa when exiting. Now that I am a citizen I obviously have no green card to show, and that would give away that I am American. Laos may be similar in that if there is exit immigration checks, they will find out.

Some people I have known use a third country to try and avoid this. Such as leaving and entering Indonesia with an Indonesian passport but arriving/going to a visa free country, such as Singapore, before traveling onwards to the US with their US passport.

No, the time starts based on Green Card issue date.

I naturalized fine being outside more than 6 months, less than a year. I timed the filing so that the 5 year look back made the 'counted' days of the trip 179 days, so as not to break continuous residence. If it says 180, depending on officer, I can see them complaining about it. 181+ the burden is on you to prove you did not abandon residency, which is a whole other headache.

Naturalized the other day. Filed in early October. So 4 months in total from application to Oath Ceremony. 
 

For those wondering about same day oath, the last oath ceremony is 3:45pm, when the doors close and they start. There were still people coming in from their approved interviews until then.

I know we can use the 4 year + 1 day rule for 1+ year absence, but can we use the same rule for a 6-12 months absence?

On 11/23/2017 at 2:04 AM, SusieQQQ said:

The officer started asking pointed questions like “do you understand what the residency requirements are” but when we kind of headed him off (politely of course) and pointed out that we’d sorted out what we needed to and we (spouse and kids had been out 11 months, me 5) were all on one way-tickets he just nodded, smiled and said welcome home...

...it’s not something I’d try more than once.

 

 

Ah so it was fine when you stated the 11 month trip abroad was only temporary in nature to wrap things up back home, before settling in USA for good?

So one way tickets are a definite plus.

What was it like at POE, just waived through? Secondary? Hassled?

Any input would be great from those that have actually experienced it

On 11/6/2017 at 11:47 PM, mmsk said:

Get a re entry permit. It will help in your case. 

Already abroad so that's not possible mm

On 11/5/2017 at 5:08 PM, Nitas_man said:

If you are over 21 you are playing with fire staying out this long, working, and no longer qualified for your original immigration benefits.  Bring lots of evidence of ties to the US.

9 FAM has a section that excludes students, but they specifically list working overseas for a foreign company as a evidence of status abandonment.

Oh really, why would qualification for original immigration benefits matter?

1 hour ago, Nitas_man said:

If it was a fixed contract probably no issue.  If you're just popping into the country for a short visit then going back to work you will get in this time but probably get popped next time you try to enter.

Your immigration benefits were based on what status?

Yes, fixed 6 months only. It's like 2-4 months holiday going around, then the temp contract.

IR2, Child of US Citizen

5 minutes ago, SusieQQQ said:

Yep

expect questions about what you were doing out for so long, especially trying to figure out if you were working abroad etc, make sure you can show you kept your US ties (especially filing tax),  make sure you are going back on a one way ticket, be humble.

What if working abroad for like 6 months temporarily?

Anyone with personal experiences being out longer than 6 months?

48 minutes ago, missileman said:

No, I don't think so.  Most spousal visa holders have plenty of time to "finish things up" during the long wait.

Depends. Some have felt rushed to enter the USA with unfinished business with trump fears earlier this year.

For Adult Children / Siblings / DV that is a definitely possibility of heading to the USA with unfinished business.

16 hours ago, missileman said:

1.  Entered US in April via IR1

2. Left Us same month before receiving Green Card

3. Remained outside US almost 10 months

 

Yes, I would expect a lot of scrutiny about maintaining residency. Spousal visas are not for visiting...

Good luck

It's common though for many people who have entered the USA on an immigrant visa in order to activate/receive their permanent resident card then go back up to a year to finish things up in their home country.

Especially if they derived permanent residency through family, rather than employment.

10 hours ago, mmsk said:

Have a copy of all the documents that show your ties to the US. 

When you come back and file for tax, make sure that you include your income for your temporary job. This will help you when you apply for the citizenship. 

Bring a copy of your medical report. 

Do not volunteer informations, just answer the questions truthly if you will be asked.

You dont need SB 1 visa because  you will come back before 1 year period.

 

Good Luck  

 

 

5 hours ago, sandranj said:

You will be fine, bring documents showing that you had health problems, and if they ask if you worked then tell that you worked because you need to have funds to return to the U.S.

10 hours ago, SusieQQQ said:

In my experience, I had family members 11 months out, as long as you’re coming back in on a one way ticket you’ll be fine.  Maybe a couple extra questions than usual. 

10 hours ago, Dee elle said:

If questioned, explain truthfully as you have here.. Stress your int3ntion was for a shorter trip,  ut circumstamces intervened. Show that you understand that this is a one time situation and that your intention is and always was to live permanently in the US... 

Thank you guys for all the help!

1 hour ago, NikLR said:

I would think most government subsidized health care requires someone to be a resident of that country....  Canada at the very least, requires proof of residency... 

13 minutes ago, JFH said:

That's probably why he took a job. 

Oh no, my country doesn't need proof of residency or proof of work. Still subsidized. Took job purely for the temporary nature and unforeseen circumstance of having to support myself.

4 minutes ago, Nitas_man said:

You should definitely mention it if they ask.  Delayed by health issues is a common reason to extend a trip and I believe that is what you originally said.

Yes,  I had my return ticket back 2 months after I departed for my country actually. But I had to get a medical check up 3 months after, so I chose to stay as it saved so much on medical bills and the actual medicine. I chose to stay up to 10 months because 4 months after I got a temp teaching job for 6 months, helped to support myself.

From the beginning and even after accepting the job my intent was always temporary, with permanent intent of actually residing in the USA after, as all my family is there. I think that has weight right?

Just now, Nitas_man said:

Are you serious now?

 

You need to focus like a laser on gathering documentation of ties to the US and plan to answer specific questions truthfully and briefly about what you were doing over there. 

 

The last thing you need is to be entering inside a gray area window portraying yourself as a potential public charge (inadmissible immigrant)

Oh, so I shouldn't mention the reason for having to get temp work here?

3 minutes ago, Nitas_man said:

Secondary isn't bad.  They'll lecture you, check your ties, and pass you through.  No rubber gloves or anything like that.  You'll be OK.

Yes, I'm making sure I gather documents of medicine cost here and clinic letter/bills stating medicine I needed, etc etc. Also my USA bank statements showing that I didn't have enough funds to return to USA, so I needed to work here temporarily as an English teacher in order to get by.

3 hours ago, Going through said:

There is no guarantee of entry as a green card holder.

You will face extra scrutiny at the border, most likely, because of your extended stay in another country.

The fact that you took foreign employment while abroad is going to work against you as well, because it will look like you were setting up residency outside of the United States.

They won't care (or take into account) that you still have a valid drivers licence or valid SS card.

 

Do you have any proof that your extended stay due to health reasons was out of your control?  Was it your health in question, or you were the primary caregiver for someone else?

 

Doesn't quite work the way you are thinking...

My health in question. Let's just say in my country the medicine I needed is heavily subsidized by the government, compared to the USA where it can cost hundreds of dollars and even higher with no medical insurance.

1 hour ago, Sunnyland said:

It will be up to the CBP officer if they let you in. They might send you to secondary room and be aware that can take a few hours. In 2012 I went to visit my family in my home country and stayed there for 2 months. At that time I had my AP only. In my return to US, the Customs officer sent me to secondary room that night and waited there for like 2 hours. I was the last person to be "interviewed" in that shift. The lady officer that interviewed me did not like that I spent 2 months abroad visiting my family after entering US with my K1 visa in February that same year. I had to explain her that I needed things to do in my country, etc. 

 

At one point she asked me if I was planning to do another trip  abroad anytime soon, I told her I did not have any plan but if I have to do it I will do it. If there is an emergency or something. She was hesitating to let me IN. I told her to call my US husband if she has any more questions, etc. Right there she let me in. 

My case was different from yours because I did not have the GC in hand at that time but I know 2 months should not have been a big deal. In your case, you have the GC but you stayed  abroad 10 months due to health issues. The problem here is that they will see you were working during those months. So if you were working, that means you were not that sick not to return to your residence country. That's the way they will see it. Hope they won't give you the hard welcome they gave me. Every CBP officer is different. It will depend who will see you that day I guess.

 

The problem is I had to work because I didn't even have the funds to return back to USA and ofc I do not want to be a public charge.

3 hours ago, caliliving said:

if you are traveling and moving to america for good you will be ok! you are less then a year and just need an entry permit. they may ask at the border, or they may not! when are you moving back to america?? 

Entry permit? I just have my green card. In March, before 10 months actually.

Oh SB-1 isn't needed as a green card is the valid entry document for a stay abroad less than 1 year