Dilemma & Decision.

[Noki22]

Dear friends,

I just got the immigrant visa through my father, and now I'm extremely torn as to what my next step will be due to the following reasons:

I'm a first-year student at an art school in my native country. My preference would be to wrap up school here, since higher education in the U.S is very expensive, and then, move permanently. However, to do this, I would have to spend three more years in my country. Will it be okay if I proceed to do that, while entering the U.S every 5.5 months, and letting the officers at the POE know that I fully intend to live in America once I complete my bachelor's degree?

I know traveling every 5.5 months still gives them the right to accuse one of abandoning the intent to live in the States? However, my question is, would I make an exemption due to the above-mentioned situation, and also by taking certain precautions (like a valid driver's license, address, Netflix account etc.)

I have to make a decision very soon. I'm planning to fly to the U.S this February. What should I do? If I decide to stay in my native country for the next three years, is it okay to buy a round-trip ticket and simply tell them that I have to go back for the semester, and then return to the U.S in June for the summer?

Your opinions would be greatly appreciated.

Thank you so much and take care.

 

[Jackolantern]

They tend to be lenient on college students who study abroad, especially those who are financially supported by parents who live in the US.

But you still need to take certain actions to preserve your green card. When you're in the US, apply for a reentry permit which preserves your GC for 2 years while you're abroad. And spend the summers in the US. Your citizenship eligibility will be delayed because of the time you'll spend in your country, but do those things and your green card will be fairly safe.

 

[BigJoe5]

Dear friends,

I just got the immigrant visa through my father, and now I'm extremely torn on what my next step will be due to the following reasons:

I'm a first-year student at an art school in my native country. My preference would be to wrap up school here, since higher education in the U.S is very expensive, and then, move permanently. However, to do this, I would have to spend three more years in my country. Will it be okay if I proceed to do that, while entering the U.S every 5.5 months, and letting the officers at the POE know that I fully intend to live in America once I complete my bachelor's degree?

I know traveling every 5.5 months still gives them the right to accuse one of abandoning the intent to live in the States? However, my question is, would I make an exemption due to the above-mentioned situation, and also by taking certain precautions (like a valid driver's license, address, Netflix account etc.)

I have to make a decision very soon. I'm planning to fly to the U.S this February. What should I do? If I decide to stay in my native country for the next three years, is it okay to buy a round-trip ticket and simply tell them that I have to go back for the semester, and then return to the U.S in June for the summer?

Your opinions would be greatly appreciated.

Thanks you so much, and take care.

You should have a six month window to travel to the U.S. and obtain LPR status (get processed at the airport upon arrival).

Then you may immediately file for a re-entry permit (REP). It should take a few weeks to be called for biometrics (fingerprints, photo and signature) at an ASC inside the U.S. After that you may depart abroad. The REP may be delivered to a USCIS Office or Consulate abroad for you to pick-up.

The REP is good for an absence of up to two full years without losing your greencard. The REP does not help with anything else (such as naturalization). You must return to the U.S. before it expires. While back in the U.S., you may file for a 2nd REP for another 2 years (you may NOT file for a renewal from abroad). If a third REP is requested it may be limited to only one year or even denied (denial is rare).

 

[Noki22]

Hey guys, thanks for your replies.

Isn't a REP necessary when you're out of the country for more than one year, but less than two? Or is it still recommended to apply for it, provided one travels every 5.5 months (twice a year), AND spends around 5 months out of twelve in the U.S (the summer and winter holidays)

If I register for Selective Service, would that help in any way?

Thanks again. You're very helpful.

 

[Jackolantern]

A reentry permit is not required for staying outside the US for under a year, but it is highly recommended if you will be taking multiple long trips (to the extent of spending the majority of each year outside the US) over multiple consecutive years. Sometimes the POE officer will directly tell somebody to apply for a reentry permit if they notice the individual has taken multiple long trips over the past 2-3 years. Once you show the permit at the POE, they are very unlikely to hassle you about your long trips, especially if it's your first reentry permit.

If I register for Selective Service, would that help in any way?

It would help when you apply for citizenship, but it wont help at the POE. Note that Selective Service registration has been an automatic part of the green card process for at least the past 10 years, so you will be automatically registered once you enter the US to be admitted as a permanent resident. In a few cases they forget to process the automatic registration, so about a month or two after you enter the US with the immigrant visa, check the Selective Service web site to see if you've been registered. If the web site doesn't verify your registration, call them and ask to search for it (for some reason the web site doesn't have access to all records, but the people on the phone can do additional searching).

 

[BigJoe5]

Hey guys, thanks for your replies.

Isn't a REP necessary when you're out of the country for more than one year, but less than two? Or is it still recommended to apply for it, provided one travels every 5.5 months (twice a year), AND spends around 5 months out of twelve in the U.S (the summer and winter holidays)

If I register for Selective Service, would that help in any way?

Thanks again. You're very helpful.

Although you do not PLAN to be abroad for a full year at any one time, it is wise to plan for the possibility to be on the safe side. Remember that some things cannot be anticipated. The Icelandic Volcano, the Japanese earthquake and associated tidal waves and nuclear meltdown threat, wars and various other natural or man made disasters happen.

Selective service registration is required of males ages 18-26 only (and some disabilities are cause for exceptions).

 

[Noki22]

That makes sense. Always better to be on the safe side.

One more question: If I travel in Jan/Feb and decide to continue my studies back home, then I'd have to get back mid-March the latest. So I'm assuming one month is not enough to obtain the REP. In this case, is it too risky to travel with a round-trip ticket and apply for the REP when I'm back in the US in June/July, as then I'd have until early October to go through the formalities?

Also, jackolantern, when you said obtaining a REP would affect the naturalization time, are there actual regulations that postpone the process? Or were you referring to the 5 year window (2.5 cumulative within the U.S) not being completed due to moving back and forth? Because if I were to move permanently to America in 2015, I'd still have two more years before reaching 5 years from the time of becoming a PR? Those two years (2015-2017), combined with months spent in the U.S from 2012 to 2015 would be enough to qualify me to apply for citizenship? Or not?

 

[Jackolantern]

One more question: If I travel in Jan/Feb and decide to continue my studies back home, then I'd have to get back mid-March the latest. So I'm assuming one month is not enough to obtain the REP. In this case, is it too risky to travel with a round-trip ticket and apply for the REP when I'm back in the US in June/July, as then I'd have until early October to go through the formalities?

You must be in the US when submitting the reentry permit (including when USCIS receives it), and again for fingerprinting but you can leave the US between those points in time. The fingerprinting may be as soon as 2 weeks or as late as 2 months after you submit the application. If you're going to spend 3-4 months in the US for the summer break, that would be a better time to apply for it for two reasons: (1) you know you'll be in the US for all the formalities, and (2) applying for it in the summer of 2012 would make the 2 years of the permit end at about the same time or after your studies are completed.

But if you take that route, try to time your travel so there is less than 6 months between leaving the US in Jan/Feb and arriving again in the early summer, in order to reduce the chance of being hassled at the POE. You also should use one-way tickets to enter the US, or return tickets for which the return flight lands in the US.

Also, jackolantern, when you said obtaining a REP would affect the naturalization time, are there actual regulations that postpone the process? Or were you referring to the 5 year window (2.5 cumulative within the U.S) not being completed due to moving back and forth?

The reentry permit won't affect your naturalization, it's the large amount of time spent abroad that (very likely) will delay your naturalization eligibility. In addition to the physical presence requirement of 2.5 years cumulative within the past 5 years before applying, there is also the continuous residence requirement. Continuous residence for naturalization is automatically* broken if you leave the US for 12 consecutive months. A trip of between 6 and 12 months creates a presumption of breaking continuous residence, but it is not automatic (final decision is up to the adjudicator based on the totality of circumstances and the evidence you present). It is also possible to break continuous residence by taking multiple long trips of under 6 months each, if the trips are close together.


*there are a few exceptions such as military service

 

[Noki22]

The reentry permit won't affect your naturalization, it's the large amount of time spent abroad that (very likely) will delay your naturalization eligibility. In addition to the physical presence requirement of 2.5 years cumulative within the past 5 years before applying, there is also the continuous residence requirement. Continuous residence for naturalization is automatically* broken if you leave the US for 12 consecutive months. A trip of between 6 and 12 months creates a presumption of breaking continuous residence, but it is not automatic (final decision is up to the adjudicator based on the totality of circumstances and the evidence you present). It is also possible to break continuous residence by taking multiple long trips of under 6 months each, if the trips are close together.


*there are a few exceptions such as military service

Approximately, how long do you think naturalization would be postponed if I break continuous residence by taking multiple long trips, and then relocate to America permanently in 2015? I know it's up to the officer, but if you had to guess??? Around what year would I be eligible?

 

[BigJoe5]

See 8 CFR 316.5 (c) (1)(ii)

IF your last long trip is between 6 mos and 1 year it remains a possibility that you may overcome the "rebuttable presumption" by showing strong evidence, however, in your situation--a snowball will have a greater chance in H**L.

The standard remedy of simply waiting 4 years and 1 day after coming back to the U.S. and settling will be available following either length of "break in continuity of residence" (and it is the easier option with regard to evidence because there is none required).

 

[Jackolantern]

Approximately, how long do you think naturalization would be postponed if I break continuous residence by taking multiple long trips, and then relocate to America permanently in 2015? I know it's up to the officer, but if you had to guess??? Around what year would I be eligible?

Around 2019.

 

[Noki22]

I see. You guys seriously deserve a medal for your help.

Taking everything into account, I think I'm leaning more towards moving. Just one last question. One-way tickets from Europe are painfully expensive. Is it absolutely mandatory to get a one-way/have the US as the final destination? Do you think they'd let it pass if I get the roundtrip (inbound: January/outbound: August), and tell them I got it for two reasons, 1)one-ways are way too costly, 2)I have to be back home for a couple of weeks in August for a -insert obligation-

I realize I'm asking the same question as before, but just want to make sure.

 

[Jackolantern]

Taking everything into account, I think I'm leaning more towards moving.

You mean ending studies abroad to move to the US? That's not a bad idea. Schools in the US aren't all that horribly expensive if you choose an in-state university or community college, and there are scholarships available.

Just one last question. One-way tickets from Europe are painfully expensive. Is it absolutely mandatory to get a one-way/have the US as the final destination? Do you think they'd let it pass if I get the roundtrip (inbound: January/outbound: August), and tell them I got it for two reasons, 1)one-ways are way too costly, 2)I have to be back home for a couple of weeks in August for a -insert obligation-

They're not fussy about your first trip. They know that many new permanent residents have to return to their original country for a while to wrap up business there before settling down for good in the US. But after you've taken one or two very long trips or accumulated a pattern of several trips close together, having a return ticket that ends up outside the US would compound your problems.