Re-entry after 8-10 months

[abhishende]

Helllo -

If I have to travel to India for 8-10 months for family reason. Do I need re-entry permit?

I131 says -
If you stay outside the United States for less than one year, you are not required to apply for a Re-entry Permit. You may re-enter the United States on your Permanent Resident Card (Form I-551).

Please advice.
-- Abhi

[Jackolantern]

Not required, but it helps to have it in case you trip gets extended to a year.

[abhishende]

Jackolantern - Thank you very much for your reply.

Its really confusing, somebody says you should have re-entry permit for stay more than 6 months but I131 says it is OK upto 1 Year.

Is this re-entry permit requires finger printing?

Can I file this from India?

[Jackolantern]

Reentry permit must be filed when you are in the US, and you also need to be in the US for fingerprinting (which is normally about a month after filing).

[Jackolantern]

Originally Posted by abhishende

Its really confusing, somebody says you should have re-entry permit for stay more than 6 months but I131 says it is OK upto 1 Year.

True. I think what they mean is that trips over 6 months can be grounds for them declaring that you abandoned residence, and confiscate your green card. Having the reentry permit is a piece of evidence (along with your other ties of evidence like a lease agreement or mortgage, etc.) which you can show to attempt to convince them if they give you problems at the POE.

[Hannah7]

Well, I have been reading this forum through many similar topic back to past (2 years). Most people on this forum are not lawyers, neither am I.

According official information you can be outside of U.S. for up to one year without having reentry permit. However after any lenght of absence you can be questionned and your teoretically your GC can be revoked any time, if you can't prove your ties.

Thats the extract from uscis.gov.

In my humble opinion. The more you stay out the bigger problems you might have.

I think, the permanent residents are perceived as potential US citizens and those have usually problem with absence for 6 months and more. But if you don't plan becoming US citizen, maybe you don't have to bother with 6 month rule so much.

On some topic I read about people sent to secondary inspection at POE even after couple weeks travels outside US. So it seems that the officer at the airport has a big force given. You can just pass ... or you can be grilled if he/she didn't sleep well this day.

[Hannah7]

I'm solving the same problem as poster, so I'm looking for the information but not finding anything new. I just can't apply for reentry permit to be more sure.

But at least trying to obtain some basic things before leaving the country (ID, bank account, SSN, and keep address). Then 6-10 max trip for study purpose.

If being questioned I hope after explaining the same I've written here, I would be ok.

It would be very good I an immigration lawyer could add something here.

[Jackolantern]

Originally Posted by Hannah7

It would be very good I an immigration lawyer could add something here.

You won't find that happening here, because they don't like giving answers for free.

[Hannah7]

After todays experience I'm a little bit sceptic about my future as an immigrant. As I'm going to leave next weekend I was trying to open bank account and apply for non driver ID on DMV in New York.

On DMV I was told, that one point is missing for me, so they can't accept my application and therefore I cannot get any ID. Allegedly this one point can be debit card from a bank. So I also went to bank and was told, that they can't open an account for me, because I don't have sufficient document as state ID.

Oh my God! How come that my passport immigrant visa (I551) + SSN + EU driving license + insurance and international credit card are not sufficient???

I hoped it would be much easier for new immigrant to obtain such essential things after arrival. What can I do now?

I truly understand, that without an account and some ID would be very difficult to prove my ties here :-(

[Jackolantern]

Originally Posted by Hannah7

On DMV I was told, that one point is missing for me, so they can't accept my application and therefore I cannot get any ID. Allegedly this one point can be debit card from a bank. So I also went to bank and was told, that they can't open an account for me, because I don't have sufficient document as state ID.

Oh my God! How come that my passport immigrant visa (I551) + SSN + EU driving license + insurance and international credit card are not sufficient???

Choose a different bank. Some banks will even allow foreign residents to open account. Look for a small bank, not one of the megabanks. And bring your birth certificate in addition to your passport, SS card, etc. and ask to speak to a supervisor if they give you problems. Explain that you just moved to the US, and you can't get a state ID because you don't have a bank card.

[Jackolantern]

Did you bring your SS card (with your signature) to the DMV? The SS card is worth 2 points.

http://www.nydmv.state.ny.us/forms/id44.pdf

[Hannah7]

Thank you so much for helping me. Yes of course I brought my passport with immigrant visa + my SSN card.

Thats all worth 5 points and 1 point is needed to total 6 points. So good idea will be to check another banks as you mentioned,I am going to try it immediately tommorow.

Another possibility for 1 points seems to be "US Supermarket Check Cashing Card (must have your signature and pre-printed name)" or just anything plastic where is my name written. Do you have some idea?

Or if a bank account is opened for me tommorow I would ask them to print me some paper actual statement showing my 100$ on it with my name

[Jackolantern]

Originally Posted by Hannah7

Another possibility for 1 points seems to be "US Supermarket Check Cashing Card (must have your signature and pre-printed name)" or just anything plastic where is my name written. Do you have some idea?

Some of those cards don't have any name printed on them. Just a bar code. Some of them do, but getting a check cashing card usually requires some credit history in the US so you may not be able to get one anytime soon. Note that this is not the same as a supermarket shopping card.

Or if a bank account is opened for me tommorow I would ask them to print me some paper actual statement showing my 100$ on it with my name

Some banks can make you a debit card with your name printed on it right away.

Good luck, and be persistent. Don't take NO for an answer without seeing a manager to explain. Different types of accounts may have different requirements, so if they won't let you open a savings account without a state ID, ask about the checking account. Then ask about opening a CD. And ask if they will open the account and give you a card if you agree to have the money frozen until you can come back with a state ID.

[Hannah7]

Great! I was able to establish account today! Washington Mutuals didn't want to make me an account but Bank of America did.

So I just right away asked them to print me a statement. I got bank statement with my name + address on it and brought it to the DMV office hoping that everything will be ok for now!

After waiting in the lane for one hour a black woman told me, that this cannot be accepted as a proof. She said I need some statement which would be sent do my address, or simply wait 2 weeks for my debit card to arrive. Pretty disappointed :'(

but at least I have my american bank account!

Any other idea what to do if I'm gonna leave within 8 days?
How serious if returning to the U.S. without a state ID?

[nelsona]

...a black woman...

WTF?!
maybe you shouldn't come back

[jaya_chh]

Hi,
was reading through your thread.

when i first came here i had opened a checking account with a credit union and they had issued me a debit card right away. you could try doing that.

Originally Posted by Hannah7

Great! I was able to establish account today! Washington Mutuals didn't want to make me an account but Bank of America did.

So I just right away asked them to print me a statement. I got bank statement with my name + address on it and brought it to the DMV office hoping that everything will be ok for now!

After waiting in the lane for one hour a black woman told me, that this cannot be accepted as a proof. She said I need some statement which would be sent do my address, or simply wait 2 weeks for my debit card to arrive. Pretty disappointed :'(

but at least I have my american bank account!

Any other idea what to do if I'm gonna leave within 8 days?
How serious if returning to the U.S. without a state ID?

[Hannah7]

Woow, I just got the welcome letter. Can it be used as a proof of address?

[Jackolantern]

Originally Posted by Hannah7

How serious if returning to the U.S. without a state ID?

Very serious if your trip is going to be more than 6 months.

[Jackolantern]

Originally Posted by Hannah7

Woow, I just got the welcome letter. Can it be used as a proof of address?

It's not on the list.

[Hannah7]

ok , it seems I am in very serious situation. If I am unable to apply for ID before leaving I will try to come back for a while before 6 months.

However, if I couldn't come back in that I would have file I-407 for peace of mind.

[TommyEdo]

I-407 is for abandoning the GC. You really gonna do that?

Btw, if I only have GC card and return to US < 1 year but > 6mth, will that pose serious problem at POE? As Jack pointed out, it will.

[Jackolantern]

I wouldn't say "it will", as you never know how the officer at the POE will react. Maybe they won't even ask or care how long you have been away.

But once you go over that 6 months line, it puts you in a hole where you open yourself up to potential problems if the officer decides to grill you and you don't have other good evidence to defend yourself.

[Hannah7]

Little question ... do I need an ID, if I don't want to drive a car in NYC? I may use passport or gc as an ID, can't I?

I-407 is for abandoning the GC. You really gonna do that?

Well, not now. But I failed in obtaining an ID and it's likely that I woudln't be able to arrive before that 6 months ... what to do than
I may be admitted without problems, but my action may lead to entry denial. In that way, if this happens to me, I am not too scared about GC, but about being entry denial for many years even as a tourist.

So I am still not sure and dont know what to do, but one possible option is also I407. Our university system cannot (may not) allow me for prolonged time to the U.S. , it's almost impossible to come here for more than 3-4 days.

[Jackolantern]

Originally Posted by Hannah7

Our university system cannot (may not) allow me for prolonged time to the U.S. , it's almost impossible to come here for more than 3-4 days.

Your school doesn't give 2-3 weeks of holidays in December/January?

[Hannah7]

Originally Posted by Jackolantern

Your school doesn't give 2-3 weeks of holidays in December/January?

Teoreticaly yes, but we have some kind of rehersal time during these semesters, so it's really up to current situation. This is why I am afraid, because I am not sure about that free time.

[Hannah7]

We had a talk with my father and he may want to go with me (before my 6 months) to the U.S. on visit.

He would travel on Visa Waiver Program and me on green card. Do you think that either of us may face a problem on borders?

[StonedAnt]

You should be okay, though your father may have to go through a different immigration line at the port of entry since he'll be a visitor.

Also, if you are bringing in any food items, you will have to declare them in a form that they should provide you in the airplane, assuming you are flying in. Depending on what you are bringing, the customs area might delay your overall landing process, but it should still be okay.


Good Luck!


Stoned!

[TommyEdo]

Folks. Can someone please tell me, whether I could go to a US embassy in my country to acquire some form which would ensure smooth passage at POE for being abroad > 6mths and < 1 year?

I searched it at http://www.uscis.gov/ but the form does not seem to exist.

[GotPR?]

The consulate doesn't have business for < 1 year case except for SB1, but SB 1 is really difficult to get. Just get RP and nothing to worry.

[gswil]

I have been LPR since Jan 2007 and was living in the US for 6 months when due to family reasons had to leave and was not sure if I would ever return.

At the time I was unaware that a re entry permit was required for trips greater than 1 year. After some research on this web site I learnt more about the procedures.

I returned to the US after 11 months abroad, at POE the officer asked me why I was away for so long and if I was travelling on a return ticket. I told him the truth why I was away for so long but did not tell him I had a return ticket and the sole purpose of the trip was to save my green card. He told me next time a re entry permit will be needed. I stayed for a week. This was about the time the rules changed and biometrics were required.

4 months later I returned again but this time I wanted to do it right and apply for the re entry permit. At POE no questions asked just a friendly " Welcome home sir".
I applied for the re entry permit using the expedited service. Less than 2 weeks after posting my application I received an appointment notice. I attended my biometic appointment and had finger prints and photograph taken and left the US a few days later. That was last week and my re entry permit has arrived my friends US address. I plan to return to the US permently toward the end of 2009.

Hope this help someone as all POE officers are different.