Out of USA Duration Question

B

BradDerrick

New Member
Hi everyone

I received my DV green card in 2012 and lived in the USA continuously for 12 months (until Dec 2013). I then returned to Australia temporarily for 6 months (didn't apply for re-entry permit as I wasn't expecting to stay that long). I then flew back to the US in July 2014 and wasn't questioned on the way in. However, upon returning to California, my mother became ill in Australia and I had to return 3 weeks later to take care of her. I am flying back to the US in a few weeks, and when I arrive it will be slightly more than 6 months since I left. While I was in Australia, I maintained my residence in California (paid rent the entire time), maintained my bank accounts, filed tax returns, listed my primary residence as USA.

Based on my situation, has anyone encountered anything similar? Or have any advice they might add?

Thank you guys
 
Brad,

from what you said you shouldn't not have problem keeping your green card. Unless you stay away for more than one year, everything should be fine, they cannot do a thing. You maintained some kind of residence and you have clear intention to return after your trip.

Usually, before they want you to see an immigration judge, they'd warn you once.

The only problem could be, that you will not be eligible for citizenship as early as 2017.
 
You should be ok, but if you have this pattern often, they could hassle you. If you can, take proof with you that your mom was ill (letter from doctor, for example), though it's unlikely you'll be asked for it. As always don't volunteer information that is not requested when you're at the POE.
 
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