Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.
Some threads mentioned that if one leave the US more than 6 months but less than one year, he will be directed to secondary line for questioning when he comes back. Does it mean that he could be refused entry, even if it is his first time out ever?
I think staying away for more than 6 months shifts the burden of proof when it comes to whether you intended your absence to be temporary.
If you stayed away for less than 6 months then it is the immigration officer that would have to prove that you intended to relinquish residence if he were to suspect this to be the case. On the other hand if you stayed away for longer than 6 months, it is you that would have to prove that your trip was of a temporary nature.
Also if you stay away for less than 6 months, then you are not regarded as an "applicant for admission" when you come back and because of that rules of inadmissibility will not apply. If on the other hand you stay away for more than 6 months rules of inadmissibility (public charge, communicable diseases etc.) would apply and you might be denied admission on those grounds.
So yes it is possible to be denied admission after staying away for more than 6 months and less than 1 year, even if it is the first trip abroad after becoming a lawful permanent resident.
This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
By continuing to use this site, you are consenting to our use of cookies.
