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LPR absence for more than 6 months

daniel de leon

New Member
Hello,

I'm a dv lottery winner (dv2013), I have been LPR in the U.S since January 2014. My problem is that i left US almost 9 months ago,

Am i going to experience problems at POE when I came back at the end of this year?Deos anyone had a similar experience?

Thanks for sharing your thoughts.
 
Hello,

I'm a dv lottery winner (dv2013), I have been LPR in the U.S since January 2014. My problem is that i left US almost 9 months ago,

Am i going to experience problems at POE when I came back at the end of this year?Deos anyone had a similar experience?

Thanks for sharing your thoughts.

You're allowed to stay out for up to one year on your green card, but after 6 months you are regarded as reapplying for entry (or something like that). You can expect some questioning on arrival to ensure that you have not abandoned residence but especially if this is your first time out and back again you should be fine. Worst case is you get told to appear before an immigration judge, but that is highly unlikely without repeated long absences.
 
Thank you SusieQQQ

I read somewhere that you will face troubles with DHS if you stay outside the US for more than 6 months without having the re entry permit
 
Thank you SusieQQQ

I read somewhere that you will face troubles with DHS if you stay outside the US for more than 6 months without having the re entry permit

No, if you read all the official info it is a year. You will probably get questioned more closely though.
In fact it is unfortunate that you haven't apparently read the official info and are relying on what you have "heard" and what people say on the Internet, so go have a look here:
http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence
http://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident
 
You're allowed to stay out for up to one year on your green card, but after 6 months you are regarded as reapplying for entry (or something like that). You can expect some questioning on arrival to ensure that you have not abandoned residence but especially if this is your first time out and back again you should be fine.
I'm guessing such a long absence is permitted only in the first year, right? Cuase the CBP officer understands that settling permanently in the US takes time.
Let's assume somebody is in the same situation as the OP. Only that, during this (first) year, he entered USA on a short trip in the 5th month or so. When he enters at the end of the year, he intends to make it permanent.
Would his Permanent Residency status be safe in this scenario?
 
the problem here is i don't have a good reason for staying outside US for this long.in reality i was exhausted when i finished my university studies ( for 5 consecutive years) last october.
 
It's all about intention. From what the CBP officer said to me they are a bit more lenient in the first year. If you keep doing it, obviously you face a problem. From what I understand, they can't refuse you entry but can order you to appear before an immigration judge.

I'm guessing such a long absence is permitted only in the first year, right? Cuase the CBP officer understands that settling permanently in the US takes time.
Let's assume somebody is in the same situation as the OP. Only that, during this (first) year, he entered USA on a short trip in the 5th month or so. When he enters at the end of the year, he intends to make it permanent.
Would his Permanent Residency status be safe in this scenario?

Lol I hope so cos that is exactly my scenario :D I'll let you know for sure in a month :D But I did get questioned despite being less than 6 months out, and what the CBP officer said to me was they understand it takes time to get things done but they expect you to have moved permanently within a year of activation.
 
SusieQQQ

frankly, do you think i will face obstacles when returning to the US, i don't want to lie about why i stayed outside for this long period
 
SusieQQQ

frankly, do you think i will face obstacles when returning to the US, i don't want to lie about why i stayed outside for this long period
They may not even ask you why you stayed away so long. But they may ask you if you still have home, job etc where you come from - trying to establish if you are still maintaining residence elsewhere or if your move to the U.S. is genuine.
 
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