Coming back on 176th day of departure

[letsee]

Wife and kids are coming back to US from India on 176th day of their departure. (Kids - USC, wife- GC for 3 years). I'll be also coming with them but I'll be out of USA only for 15 days by then. I expect there may be some extra questions at the immigration. I think I can convince them that wife was gone since she decided to take some time off from work and take care of the new baby.

Will there be any other potential issues.

Thanks for advise gurus.

[Dedo]

I dont see why there would be issues, as long as she doesn't plan to go right back for another long trip

[mmed]

Originally Posted by letsee

Wife and kids are coming back to US from India on 176th day of their departure. (Kids - USC, wife- GC for 3 years). I'll be also coming with them but I'll be out of USA only for 15 days by then. I expect there may be some extra questions at the immigration. I think I can convince them that wife was gone since she decided to take some time off from work and take care of the new baby.

Will there be any other potential issues.

Thanks for advise gurus.

GC holder coming back no later than 6 months from overseas trip, this is what is GC for. The same issues and questions like anyone who traveled for an overnight trip.

[harvydonald]

Actually...you can stay out for just short of one year...and you should have no problems getting back in the country. More than a year, and you may have been considered to abandon your GC, unless you can prove otherwise.

Six months out of the country...is where the clock re-sets for citizenship eligiblity.

[jrao124]

Hi,

I went away for 5.5 mths and got back yday. The guy asked me so many qts and was downright rude to me. even asked to see my ticket. asked me whether we filed taxes or not. And this is the first time I went away for so long after almost 5 yrs of GC. I did go away for trips of a month or less before. it is becming very difficult , I didnt realize that having gc was not enough.

just FYI.

Rao

[wantmygcnow]

Originally Posted by jrao124

Hi,

I went away for 5.5 mths and got back yday. The guy asked me so many qts and was downright rude to me. even asked to see my ticket. asked me whether we filed taxes or not. And this is the first time I went away for so long after almost 5 yrs of GC. I did go away for trips of a month or less before. it is becming very difficult , I didnt realize that having gc was not enough.

just FYI.

Rao

They have full rights to question you because for a normal working person, taking 6 months is very tough. So, I would suggest if you have to take a long vacation, make sure you have written proof as to what reason you went out. Its called "permanent" for some reason right?

[Hannah7]

Originally Posted by wantmygcnow

They have full rights to question you because for a normal working person, taking 6 months is very tough. So, I would suggest if you have to take a long vacation, make sure you have written proof as to what reason you went out. Its called "permanent" for some reason right?

Same case. I 'm coming this weekend after 150 days outside.

I am really surprised why jrao124 had so hard time when he wasn't out for more than 180 days.

For better feeling I have written proof of my studies abroad. The officer wanted to see your return flight ticket? I have return flight ticket

[letsee]

Rao,

Where was your entry airport ? Also, do they take you a separate room and questioned there or it was at the regular counter ?

You said they were rude. They were really rude OR they were tough and non-friendly (I can see why they act and talk tough because they are trained to do it) ?

Why did they ask you to see your ticket ? To make sure you have a one way ticket only and do not plan to go back to India in the recent future ?

Thanks.

Originally Posted by jrao124

Hi,

I went away for 5.5 mths and got back yday. The guy asked me so many qts and was downright rude to me. even asked to see my ticket. asked me whether we filed taxes or not. And this is the first time I went away for so long after almost 5 yrs of GC. I did go away for trips of a month or less before. it is becming very difficult , I didnt realize that having gc was not enough.

just FYI.

Rao

[jrao124]

my airport was EWR. No, not separate room.
I did not have documented proof of my absence, did cite personal reasons. I suppose that's why I had issues. if u have proof of studies, u shd have no pblms at all.
And yes he was rude, telling me I was lying and stuff like that. It is his job, I know, but are they trained to be rude if they suspect somethng or this guy was obnoxious...

yes, he asked to see my tkt to see if I had a return one.

Out of curiosity, I wonder how parents who have a gc handle it. they live 6 mths here and 6 mths there. My parents do not have one and dont plan to have one, just curious..

thanks
Rao

[Jackolantern]

Originally Posted by Hannah7

I am really surprised why jrao124 had so hard time when he wasn't out for more than 180 days.

Because he was so close to 180 days, the officer probably thought he actually was over 180 days but was untruthfully cutting down a few days to get below the 180-day threshold.

You are studying abroad now and planning to continue studies in the US, so make sure you bring proof of your existing enrollment as well as proof of being admitted to the US school.

[Jackolantern]

Originally Posted by letsee

Why did they ask you to see your ticket ? To make sure you have a one way ticket only and do not plan to go back to India in the recent future ?

When you have a GC, they expect your ticket to either be a one-way ticket into the US, or a return ticket with the return part being into the US. A return ticket with the return flight going back to another country is an indicator that you're living in that country and visiting the US, rather than living in the US and visiting that country.

[harvydonald]

Originally Posted by Jackolantern

When you have a GC, they expect your ticket to either be a one-way ticket into the US, or a return ticket with the return part being into the US. A return ticket with the return flight going back to another country is an indicator that you're living in that country and visiting the US, rather than living in the US and visiting that country.

Where do you get that information? Is there any precedence that states that?
When I had a GC, I was on a seven month project in Europe, the first time I flew out, it was on a one way ticket, after that I flew back to US every other weekend with the return ticket originating in Europe, never had any problems. Of course, client paid for the travel, and my wife and kids were living in the US.

[LolaLi]

Originally Posted by harvydonald

Where do you get that information? Is there any precedence that states that?
When I had a GC, I was on a seven month project in Europe, the first time I flew out, it was on a one way ticket, after that I flew back to US every other weekend with the return ticket originating in Europe, never had any problems. Of course, client paid for the travel, and my wife and kids were living in the US.

Did they ever question you on whether or not your family are residing in the US? If so, then they may have been satisfied that your assignment was temporary in nature and your real residence is here in the US.

Also - I noticed that business trips - especially one that was booked by clients/corporations are tolerated. From personal experience, I almost never get selected for random searches when I am on a business trip but the few times I have been it was when I was on personal travel. Go figure - it might due to the fact that my corporate travel agent has a detailed customer profile that is submitted to the airlines each time. I have noticed a difference between business and personal travel however.

Just my personal opinion...

[Jackolantern]

Originally Posted by harvydonald

Where do you get that information? Is there any precedence that states that?

People's experience. And common sense ... generally, a resident of country X who travels will have return tickets for which the return flight is going back to country X, not going to some other country.

When I had a GC, I was on a seven month project in Europe, the first time I flew out, it was on a one way ticket, after that I flew back to US every other weekend with the return ticket originating in Europe, never had any problems. Of course, client paid for the travel, and my wife and kids were living in the US.

Your trips were short, and it seems they didn't ask for your tickets. Take a trip of 5 or 6 months with a return ticket ending outside the US and it might be another story.

[harvydonald]

Originally Posted by LolaLi

Did they ever question you on whether or not your family are residing in the US? If so, then they may have been satisfied that your assignment was temporary in nature and your real residence is here in the US.

Also - I noticed that business trips - especially one that was booked by clients/corporations are tolerated. From personal experience, I almost never get selected for random searches when I am on a business trip but the few times I have been it was when I was on personal travel. Go figure - it might due to the fact that my corporate travel agent has a detailed customer profile that is submitted to the airlines each time. I have noticed a difference between business and personal travel however.

Just my personal opinion...

No questions on arrival at immigration, I usually got a nod, or "welcome home" sometimes. I got more questions from departure security agents in Europe, I used to fly mostly out of AMS.
I've noticed that if you provide you passport / visa/ GC information to the airline or travel agent in advance, you get less security hassles.

[letsee]

OK, now what can they do EVEN IF you are coming back to US on the 179th day and carrying a return ticket (which they find out) for the following week to your 'real' country?

Because , by law, you are perfectly legal.

I dont think they can do anything other than giving you a hard time at airport. Ofcourse, they make sure there are a zillion comments on your file to deny your citizenship.

[mmed]

Originally Posted by letsee

OK, now what can they do EVEN IF you are coming back to US on the 179th day and carrying a return ticket (which they find out) for the following week to your 'real' country?

Because , by law, you are perfectly legal.

I dont think they can do anything other than giving you a hard time at airport. Ofcourse, they make sure there are a zillion comments on your file to deny your citizenship.

It is not the issue of legal or not legal, 179 day trip like 1 day (all less than 6 months). The point is, GC is a visa the purpose of which is for permanent residence in US and the travel overseas is the exception. If the officials think that this is not the case, they have the right not to let you in. Obviously, you have the right to object and proof that you based in US not overseas (not to proof that the trips are for less than 6 months each). The conflict may go to the immigration court which will mostly give the right decision. Keep in mind that, if you live and your life is centered and based in US even if you show up on the 364th of your travel you will be in with relative ease. On the other hand, if you just jump in US every now and then (even every month for couple days) to keep your card valid, you will be in bad situation.