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Immigration issues: LPR postponing the move to the US during coronvirus pandemic ?

K

Kassem

Member
I activated my GC in November 2019 and then came back to my homecountry. I was planning to move to the US by August 2020, but that has now changed of course with the current pandemic.

As I don't think it's the right time to make a life changing move and resign from my current job due to the current economic conditions, which will probably last for some time, I postpone my move till 2021. (I will have to go to the US for some days sometime before November to maintain my LPR status)

Do you think i will have immigration issues ? is it better to get a re-entry permit?

Thanks
 
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Kassem said:
I activated my GC in November 2019 and then came back to my homecountry. I was planning to move to the US by August 2020, but that has now changed of course with the current pandemic.

As I don't think it's the right time to make a life changing move and resign from my current job due to the current economic conditions, which will probably last for some time, I postpone my move till 2021. (I will have to go to the US for some days sometime before November to maintain my LPR status)

Do you think i will have immigration issues ? is it better to get a re-entry permit?

Thanks
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Your reasoning about being reluctant to make a big move now is perfectly understandable, but yes you will have issues unless you get a re-entry permit, because an absence of longer than 12 months will presume you to have abandoned residence, and the fact that you are living and working in another country will also mean that - so just touching down in November for a few days before going back could still be problematic as you are clearly residing elsewhere. You have to be in the US to apply for a re-entry permit, and you need to do biometrics before your leave, so (assuming things are back to normal at USCIS by then) I’d suggest you plan for your November visit to be around a month rather than just a few days.
 
@SusieQQQ Yeah I think I will do that.. better not take the risk, I have few follow-up questions please:

1- I might not be able to stay 1 month in November, can I do the touchdown in November then go back to my homecountry and come back in December to apply for the Re-entry permit ?

2- Is it easy to get a re-entry permit in general? and what should i give as a purpose in my case: can I just say "business reasons" or maybe "personal reasons" ? or should i give a detailed explanation

3- Can I come to the US during these 2 years period covered by the permit ? (is it a multiple entry). I would like to keep my continuous residence for the citizenship (so ideally i would like to come back every 6 months)?

Thank you!!!
 
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Kassem said:
@SusieQQQ Yeah I think I will do that.. better not take the risk, I have few follow-up questions please:

1- I might not be able to stay 1 month in November, can I do the touchdown in November then go back to my homecountry and come back in December to apply for the Re-entry permit ?

2- Is it easy to get a re-entry permit in general? and what should i give as a purpose in my case: can I just say "business reasons" or maybe "personal reasons" ? or should i give a detailed explanation

3- Can I come to the US during these 2 years period covered by the permit ? (is it a multiple entry). I would like to keep my continuous residence for the citizenship (so ideally i would like to come back every 6 months)?

Thank you!!!
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1. Hmm...technically no (the info sheet https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf says you risk it being denied if you leave before the bio) but I know in practice some people have done it. Your call.

2. Never heard of a “normal” denial. (The only denial I’ve ever heard of turned out to be some convoluted story involving an employment based green card but the person was transferring to work outside the US for some indefinite period...). I don’t think you need to go into huge detail about your reasons, a couple of sentences is probably fine.

3. Absolutely you can come back any time, but be aware that they may still find that you did not maintain continuous residence by doing that (from the relevant section of the manual on N400: “An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States ...” As a personal anecdote, I did one 6 month touchdown (moved back permanently after an 11 month absence with the touchdown halfway) and I got grilled on what my ties to the US had been during that period, in my naturalization interview. So ...it may work for you, but it may not.
 
SusieQQQ said:
1. Hmm...technically no (the info sheet https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf says you risk it being denied if you leave before the bio) but I know in practice some people have done it. Your call.
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@SusieQQQ Ah no, sorry I wasn't clear. I meant if I do the touchdown trip in November only to maintain my LPR status (I need to be back before one year passes, as I activated GC in Nov 2019), but then I go back to the US in December and only then ask for the Re-entry permit and stay there for one month.

For the rest, very clear, thanks a lot.
 
Kassem said:
@SusieQQQ Ah no, sorry I wasn't clear. I meant if I do the touchdown trip in November only to maintain my LPR status (I need to be back before one year passes, as I activated GC in Nov 2019), but then I go back to the US in December and only then ask for the Re-entry permit and stay there for one month.

For the rest, very clear, thanks a lot.
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Yes, probably. But expect some questions from CBP when you arrive back in November for a brief stay.
 
Hi Sm1 and Susie,
Is there any risk Or relation of the re-entry permit to be denied if the plan is to only apply after staying out the first year (or close to it) following the initial activation trip?
Thank you
 
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