If I am back in the US regularly, do I really need a re-entry permit?

D

Darson

New Member
I got a GC in 2009 and in late 2011 was given a job running our office in the Caribbean necessitating me moving out there with my family in Jan 2012. We all got re-entry permits which are expiring in 11/2013.

I travel back to the US regularly - usually every 2 months - for about a week (meetings etc). Do I really need a re-entry permit?

My wife and kids travel back less frequently but will always go back during the Summer holidays. I'm assuming that since their time away may be up to 9 months, they need re-entry permits. However, given the cost of the re-entry permit process, it would be a comparable cost to just have them fly back so that they are never away from the US for more than 6 months.

So really, what I'm asking, is if away from the US for the majority of year but never away for more than 6 months at a stretch, do we need re-entry permits?
 
You probably don't need it because you're going back to the US every 2 months, but for the rest of your family once every 6 months probably won't be good enough to preserve their green cards if they keep up that pattern for 2+ years. Eventually an immigration officer will notice the pattern of how much they're outside the US without a reentry permit, and may order them to see an immigration judge to defend their green cards. Simply keeping each absence under 6 months isn't good enough.
 
One thing I didn't mention is that my 5 year old daughter was born in the US and has a US passport. Would the immigration office really deny my wife and 7 year old son entry into the US because they had been away for 6 months but (have to) allow my citizen daughter in?
 
They have to let your citizen daughter in, but they can refuse entry to your wife and son or send them to an immigration judge. They have pulled many families apart; don't think that they're afraid or unwilling to do the same to yours. And if they're sent to immigration court, you and your green card could also be in jeopardy because of your relationship to them and the fact that they're staying abroad with you and you're working abroad.

However, it's likely (but not guaranteed) they'll get a warning before such drastic action is taken. Then traveling again too soon after the warning (within the next 3 months or so) would probably result in being sent to an immigration judge after their next entry, unless they have a reentry permit or the trip is very short.
 
Yes, but I thought the whole thing about them taking away your GC was about you not really wanting to live in the US and using the GC as a convenience. If we have a child with a US passport, doesn't that show commitment enough to the country?
 
Darson said:
Yes, but I thought the whole thing about them taking away your GC was about you not really wanting to live in the US and using the GC as a convenience. If we have a child with a US passport, doesn't that show commitment enough to the country?
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Not if that child has been living outside the US.
 
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