GC holder: Returning after 370 days stay outside US

st_888

New Member
GC holder. Re-entry permit expired. Spouse had major complicated life-threatening illness which was undiagnosed in US. Went overseas in 2006 for diagnosis/treatment. Few surgeries done and recovering. Last visited US for diagnosis in April/May 2008 and returned overseas to continue treatment.

I work at US company's overseas branch. I need to return back to US on official work. But, due to some overseas branch activities (organizing a major conference overseas with CXOs), I cannot return within the 365 days of last visit. Will be able to return about the 369th or 370th day of the last trip in US.

As returning resident (SB-1) visa would take time if I file, what are my options?



p.s.: Plan was to return when wife has the surgery and recovers with a SB-1 visa in the future. Meanwhile, company also wants me to stay at least for another year as business opportunities/expansion prospects in this part of the world are good.
 
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GC holder. Re-entry permit expired. Spouse had major complicated life-threatening illness which was undiagnosed in US. Went overseas in 2006 for diagnosis/treatment. Few surgeries done and recovering. Last visited US for diagnosis in April/May 2008 and returned overseas to continue treatment.

I work at US company's overseas branch. I need to return back to US on official work. But, due to some overseas branch activities (organizing a major conference overseas with visiting US luminaries in their field and local CXOs), I cannot return within the 365 days of last visit. Will be able to return about the 369th or 370th day of the last trip in US.

As returning resident (SB-1) visa would take time if I file, what are my options?



p.s.: Plan was to return when wife has the surgery and recovers with a SB-1 visa in the future. Meanwhile, company also wants me to stay at least for another year as business opportunities/expansion prospects in this part of the world are good.

GC holder and travel overseas few rules:
1- Less than 6 months overseas no problem, welcome back
2- from 6 months to one year (if your travel was 2/5/08 your arrival should be 2/4/09 or before, has nothing to do with counting days) this is seeking admission with high probability of no problem if first time with real ties to US.
3- More than what in 2, the GC is void (370 days exactly as 367 days exactly as 1000 days). SB1 visa is the solution if lass than 2 years (again one day before the departure day plus 2 years)
4- SB1 time frame is very variable depending on many factor e.g country of origin, how busy the consulate is, reason for the visa ....etc. The chance of approval or denial is there.
 
St 888

So far, I havent read one thread about a person getting a SB1 visa, I am still wondering why.

To answer your question , why dont come for fews days in USA and go back again, this way, you dont have to take a risk of being denied the SB1 visa?
 
Was let in on officer's discretion after secondary questioning. It was almost an hour of questioning. So, if one does not have valid reasons and documents to back up, I would suggest others not to do the same.

mmed,
GC is not void - it is still valid and one has to prove if the out of status for various reasons are valid or not.
 
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Was let in on officer's discretion after secondary questioning. It was almost an hour of questioning. So, if one does not have valid reasons and documents to back up, I would suggest others not to do the same.

mmed,
GC is not void - it is still valid and one has to prove if the out of status for various reasons are valid or not.

The regulation of GC, as I understand it, is that you can not spend more than continuous year overseas visit and come back without permit. Despite that many stories out there regarding people spending more than year w/o permit and returned back and even got their citizenship as well. As you said, because it worked with you or with others, we can not advice people to stay as long as they can and come back.
The immigration system has some authority to deny entrance of GC holder after few days trip and also to allow others, like your case, based on many factors.
 
they can only send you to a immigration judge to decide the outcome (GC revoked or reinstated) immigration officer has only power to start such process but not deport you on the spot if you are GC holder
 
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