Re-entry question

[infohelper]

Hi,
I was out of US for 5 months after 2yrs of GC and returned back. For how many months do I have to live in US before I can make my next trip out of USA. Is there any such mandatory requirement by USCIS? This time I'm planning to be out of country for 9-10months due to some important family reasons. Do I need to apply for re-entry permit as a precaution?
Please let me know if anyone aware of the information related.
Thanks in advance!

[Catseyes]

Hi,
I do not think there is a written rule for the number of days you have to stay in the US after a "long" absence to be able to be away again for some time.
However, I would suggest to use caution.

_ trips < 6months: no problems with GC, continuous residency ( for naturalization ) not broken
_ 6m < trips < 1 year: gray area ( continuopus residency is likely to have been broken, burden is on YOU to show your ties to the US so that you did not break the permanent resident intent )
_ trips > 1year: continuous residency is broken, GC is broken ( unless a reentry permit was obtained )

However, the immigration officers can question your intents for ANY period.
My suggestion would be to apply for a reentry permit just to be safe : you might need more time than the 10months, so you might regret to have not applied then ( the I131 has to be filed while still in the US ).

http://www.hooyou.com/reentrypermit/...glegalPRS.htm
http://www.immihelp.com/greencard/reentry-permit.html
http://www.uscis.gov/files/article/B5.pdf

[Superstring]

Well said, Catseyes!!!!

Originally Posted by Catseyes

.....However, I would suggest to use caution..........However, the immigration officers can question your intents for ANY period

.

I would add few thoughts here:

1) While some timing and math rules might be useful (like 6 mos cut-off point), they are by no means to be understood literaly or exclusivelly applied as some sort of mechanic rules.

You can not game the system using specifically designed trip patterns. You have to be living for "REAL" in US. Any trip outside of US can be questioned.....IO officers at POE always inquire about length of your stay and countires visited. Any suspicious absences are immideately transfered to so-called secondary inspection.

2) If you are considering playing schemes with math timing of your absences from US etc., you will get in trouble.

3) USCIS is not looking for occasional trips to US every now and then, but SUBSTANTIAL US RESIDENCE. Courts have ruled that even an "intent to return or reside in US" is not sufficent for GC holder to prove its residence.

If I were you, and you have to be outside of US for such a long time (but still ONLY temporary), consider filing for re-entry permit and save yourself potential troubles. Also, consider filing N-470 to preserve residence for the purpose of naturalization.

If however, you think that your oversees stay is going to be more or less permanent, and you would like to have GC as an "insurance policy" or super-tourist visa, I strongly advise not doing so. It will cost you nerves, $$$, incidents at POE, time, lawyers help, potential deportations etc.

Good luck!

P.S.: I'm not a lawyer or immigration expert. I'm just an ordinary guy. You are soley responsible for your actions.

[infohelper]

Thankyou Guys/Gals for your response & suggestions.

[UVishwanath]

Hi Superstring,

I refer to your clarification. In this connection, supposing the I.O.Officers question the bonafide stay outside the U.S. and G.C. is vulnerable, can the G.C.holder in that situation fall back upon the unexpired period of existing B2 Visa to enter the U.S.? Or them moment G.C. is issued the existing B2 visa is redundant ? Thanks in advance,


"[I]Well said, Catseyes!!!!


Quote:
Originally Posted by Catseyes
.....However, I would suggest to use caution..........However, the immigration officers can question your intents for ANY period

.

I would add few thoughts here:

1) While some timing and math rules might be useful (like 6 mos cut-off point), they are by no means to be understood literaly or exclusivelly applied as some sort of mechanic rules.

You can not game the system using specifically designed trip patterns. You have to be living for "REAL" in US. Any trip outside of US can be questioned.....IO officers at POE always inquire about length of your stay and countires visited. Any suspicious absences are immideately transfered to so-called secondary inspection.

2) If you are considering playing schemes with math timing of your absences from US etc., you will get in trouble.

3) USCIS is not looking for occasional trips to US every now and then, but SUBSTANTIAL US RESIDENCE. Courts have ruled that even an "intent to return or reside in US" is not sufficent for GC holder to prove its residence.

If I were you, and you have to be outside of US for such a long time (but still ONLY temporary), consider filing for re-entry permit and save yourself potential troubles. Also, consider filing N-470 to preserve residence for the purpose of naturalization.

If however, you think that your oversees stay is going to be more or less permanent, and you would like to have GC as an "insurance policy" or super-tourist visa, I strongly advise not doing so. It will cost you nerves, $$$, incidents at POE, time, lawyers help, potential deportations etc.

Good luck! "

[thethinker]

rentry permit and pay USA taxes

Marco

[Superstring]

Originally Posted by UVishwanath

Hi Superstring,
I refer to your clarification. In this connection, supposing the I.O.Officers question the bonafide stay outside the U.S. and G.C. is vulnerable, can the G.C.holder in that situation fall back upon the unexpired period of existing B2 Visa to enter the U.S.? Or them moment G.C. is issued the existing B2 visa is redundant ? Thanks in advance

Once you recieve your GC status, any possibly unexpired b1/b2 visa becomes invalid (boy....they must be B1/B2 issued for 5Yr/10Yr ???).

Moreover, let's assume that you were citizen from "visa waiver" countries and that your GC was taken at POE (let's say for the reason of not having proper US residence....nothing like terrorism etc.)....most probably you would not be allowed to enter US as a tourist. Reason: by having GC in the first place, you expressed your desire to reside within US, which is in contradiction with tourist stay.

Short answer: No and actually impossible to happen.

Of course, after this hypotetical incident (losing GC at POE), you can ask for B-1/B-2 visa to be issued to you in your U.S. Embassy afterwards. Sure...you will have to prove your strong ties to your foreign country etc....but loosing GC at POE will not count too favorable for you for sure.

P.S.: I'm not a lawyer. I'm not an immigration expert. I'm just an ordinary guy. You are soley responsible for your actions.

[UVishwanath]

Hi Superstring,

As regards your query, it is a case of 10 year B1/B2 visa. The original country of residence is India. The unexpired period of B1/B2 is 9 years. So it is clear that once G.C. is received, the existing unexpired B1//B-2 becomes nullified. Hope the G.C. issued on a family based route, may not have to face very stringent checks at the P.O.E. as compared to other categories. Again, over and above Reentry Permit, I hope the state ID, Bank account, Tax return copy etc may help facing the Reentry problems likely to be faced. Thanks again,

[Micronesia]

Originally Posted by UVishwanath

Hi Superstring,

As regards your query, it is a case of 10 year B1/B2 visa. The original country of residence is India. The unexpired period of B1/B2 is 9 years. So it is clear that once G.C. is received, the existing unexpired B1//B-2 becomes nullified.
>>Not only B1/B2,most of the non immigrant visa are null and void once GC issued.
Hope the G.C. issued on a family based route, may not have to face very stringent checks at the P.O.E. as compared to other categories.
>>Not true.There is no clssification or preferential treatment basing on root of GC.
All GCs are equal (for reisding permannently in US- clause)as far as ' welcome back' return entry procedues.
Again, over and above Reentry Permit, I hope the state ID, Bank account, Tax return copy etc may help facing the Reentry problems likely to be faced. Thanks again,
>>It certainly helps.

Just to remind --GC is a privelege and not a right and it can be rescinded if rules are not followed and or found to be so by an IO.

[UVishwanath]

Thank you very much for the clarifications given and for explaining the position of a G.C.holder.