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| Life After The Green Card How soon can you leave your employer. All other issues after the green card. |
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#1
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Returning to US briefly to apply for Re-entry permit
I left the US in December with the intention of spending the holiday in my home country and then returning, but since then I have decided I want to take a year out and go travel.
Looking at the letter of the rules about getting a re-entry permit, I could fly to the US for just a weekend and apply for the reentry permit, either online on by mail, but I'd like some opinions about this strategy: 1. No doubt, after a 5 month trip from the country, my entering the US while in possession of an air ticket to leave the next day will arouse suspicions. Should I explain that I am returning just to file my re-entry permit? 2. Is, basically, wanting to take a year or so off to go travel considered a valid reason to apply for a re-entry permit? Does anyone have any other ideas about the best way to not lose my GC if I go travel for 18 months, bearing in mind that I'm not currently in the US, and its not practical for me to spend more than a few days there, if at all possible. thanks! |
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#2
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You should definitely try to obtain the re-entry permit. It doesn't matter what the reasons are for getting one.
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Don't take the words on this board as gospel. When in doubt, contact the lawyers who are specialized in your area. |
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#3
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the best way for you is to fly in, apply for reentry permit, wait for the notice of receipt, and then leave. Also keep all proof that you were in fact in the US when you applied for your reentry permit.
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#4
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Thanks for the replies Equate and Lucy.
My flight is next week as it happens. Can anyone else weigh in with an opinion about whether what I am doing is sensible/the best solution? I don't want to lose my GC as I have a job tentatively lined up early next year, but I obviously need to return to organise my re-entry permit. Any other takes on whether Immigration will take a dim view of this? Thanks, |
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#5
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If you want to be as sure as possible, file tax returns, keep a residence in U.S., pay utility bills, maintain active bank accounts, car insurance, and any other proofs that shows you are maintaining a PR status in US. And do not stay in one country for too long as that could be interpreted as taking up a residence in another country. Those are extra cautions. That said, I doubt there will be problems to enter US as long as you have a reentry permit, especially if that is your first one.
Just make sure you actually receive the re-entry permit in your hands. Otherwise, you should return to U.S. ASAP well before 1 year period is up.
__________________
Don't take the words on this board as gospel. When in doubt, contact the lawyers who are specialized in your area. |
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#6
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Thank you Equate - tha't's very helpful.
As regards dealing with Immigration, do you suggest being upfront when asked about being away for the last 5 months, 'Well, actually, I'm just returning for the day to file for my re-entry permit, as I didn't realise I needed to apply before I left the country last time'? |
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#7
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i would not recommend that you tell the officer "Well, actually, I'm just returning for the day to file for my re-entry permit, as I didn't realise I needed to apply before I left the country last time"
__________________
F1 8/1/00, OPT 8/1/02, TN 8/1/03, TN 8/1/04, TN 8/1/05, TN 6/27/06 EB1-EA World I-140 RD 1/10/06 VSC, VSC-> TSC 4/20/06, I-140 AD 6/21/06, I-485/EAD/AP RD 7/10/06 TSC, EAD AD 7/20/06, FP 8/1/06, AP AD 8/15/06, I-485 AD 8/21/06, CO 8/21/06, CM 8/24/06, CR 8/28/06
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#8
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Thanks Gunt. He'll have access to my flight itinerary though, won't he? So he'll know I'm leaving the country again the next day even if I don't say so?
In that case, should I not just be upfront? Or am I being naive? |
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#9
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Quote:
Quote:
You've only been away for 5 months and I assume that is your first trip in a while? In that case, I think your chance of getting into a trouble is quite slim even if you depart soon. One caution: If I were you, I would not stay longer than another 6 months outside unless I get the re-entry permit before the 6 months. That way, even if they don't consider your brief visit, it's still only 11 months total without reentry permit.
__________________
Don't take the words on this board as gospel. When in doubt, contact the lawyers who are specialized in your area. |
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