More tha 6 months less than 1 year

J

jimmy1968

Registered Users (C)
Dears,

I have left the United States 6 months ago...Could not come back before because of my Health problems..Recently,My cardiologist has advised to monitor my health before traveling..It will take one more week at least and will be 190 Days out of the country...At the POE,The immigration Officer will he understand my case?I do have medical exams,Blood Tests which i can show him...as a proof..Howver,They are in French..Please advise as I do not wanna loose my green card for 10 days...Thanks

Jimmy
 
You need to translate all the documents to English if you going to show something. You need a letter from the doctor and if you were in a hospital at least a letter that indicates the period of time you stay there with your doctor's recommendation.

You only need a re-entry permit for trips over a year not 6 months. So you should still be okay.

"Re-Entry Permit
Lawful Permanent Residents (green card holders) use re-entry permits to re-enter the U.S. after travel of one year or more. For LPR’s returning to the U.S., re-entry permits are generally valid for two years from the date of issuance of the re-entry permit. The LPR should apply for this benefit before leaving the U.S. "

But in the case that the POE asks you why you stay so long, you can explain and show your doctor's letter.

Good luck,
 
Finally my re-entry ent smoothly....The immigration officer asked me how long was out and I said 6 months...then she asked why and told her had health problems...she asked if was better said yes...and she stamped the passport
 
first of all,why were u worried..a permanent resident can go out of u.s.a without a rep and stay upto 1 year...so why were u scared?
it doesent matter if it was 180 days or 360 days as long as it is less than a year no one has any say on u at poe...
 
Query, I would only agree with you on a purely theoretical level. I do not think that anyone should be scared, but precaution is higly welcomed.

Absences of more than 180 days can rise questions (and in most cases they do), and can send people to the secondary inspection. Moreover, it is a red flag signal to POE Officer to check if a permanent residency was abandoned and invites scrutiny.

Remember, it is up to GC holder to prove each time that he/she did not abandoned permanent residency.

PR is benefit and not right. Therefore, it can be revoked and needs to be maintained.

In this case, GC holder had a good reason and good documentation and >6mo absence happened only once.

However, there is a "myth" among certain groups of immigrants that you can just come to US once a year and preserve your GC. Courts have ruled long time ago that short visits to US do not create enough proof to justify residency.

In addition, absences over 6 months break continuous residency requirement for naturalization purposes.


query11 said:
first of all,why were u worried..a permanent resident can go out of u.s.a without a rep and stay upto 1 year...so why were u scared?
it doesent matter if it was 180 days or 360 days as long as it is less than a year no one has any say on u at poe...
Click to expand...
 
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Superstring said:
Query, I would only agree with you on a purely theoretical level. I do not think that anyone should be scared, but precaution is higly welcomed.
buddy,show me one guy who was rejected entry at poe who came in after 6 months and less than a year...1 single guy..1 single case thts all i am asking..before u talk about theory and scare otherss.....
Absences of more than 180 days can rise questions (and in most cases they do), and can send people to the secondary inspection. Moreover, it is a red flag signal to POE Officer to check if a permanent residency was abandoned and invites scrutiny.
i have been out of country for almost half my stay as a PR on business & for studies....forget secondary inspection they never had a doubt on me...now if u know the rules and are confdent enough to face the situation no one has a problem with u but as soon as u land in the airport and act like a freek as though u have commited a crime ,nit just secondary they probably do a 100 inspections on you!!!!

Remember, it is up to GC holder to prove each time that he/she did not abandoned permanent residency.
agree....
PR is benefit and not right. Therefore, it can be revoked and needs to be maintained.
PR is not a benefit,its a privilege..you might stay here in u.s for 6 yrs but u might not get a GC....so it is not a benefit non-immigrants get...

In this case, GC holder had a good reason and good documentation and >6mo absence happened only once.

again show me one guy who was denied entry..just one case...stop scaring ppl...i am having a doubt u r a lawyer :D ..the rule is the rule,they cant deny u entry or create a problem just because u came after 6 months...

However, there is a "myth" among certain groups of immigrants that you can just come to US once a year and preserve your GC. Courts have ruled long time ago that short visits to US do not create enough proof to justify residency.
well i have never acknowlegded this myth,so where on earth did u drag this into the conversation from.....

In addition, absences over 6 months break continuous residency requirement for naturalization purposes.
like i said buddy before blabbering go through my threads.
Click to expand...

Thanks to some immigrants who scare the hell out of immigrants and inturn the immigrants every time they meet a immigration officer have this sense of false guilt that some immigration officers have got this attitude that they can do anything and get away with it.
Know the law, immigration officers cannot change the law based on 1 particular case....The laws in this country were made for immigrants as the guys who made the laws were themselves descendents of migrants...but tht does not mean gc is assured for every migrant...
analyze what i wrote before u can jump on me again....
One thing in this great country if you fight for your rights,your rights are assured.
 
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According to the other guys practicality jimmy had to e subjected to secondary questioning and jimmy had to show all the documents from his hospital and prove his self into this country....

Jimmy i am really happy for you,i just wished you did not have to face those agonyzing days before you came to this country(wrt to your health and the myth about immigration officers denying u entry)

jimmy1968 said:
Finally my re-entry ent smoothly....The immigration officer asked me how long was out and I said 6 months...then she asked why and told her had health problems...she asked if was better said yes...and she stamped the passport
Click to expand...
 
Number of days

Hello Jimmy,

could you let us know how many days you were out of the US before you got in ? Looks like it was more that 180 days from your earlier posts ? But Just wanted to confirm.

Thank you.
 
hey if you are really curious of those things watch out for this guys in citizenship forum,he is coming into u.s on jun 6th from bangalore,right on 180th day...i am really curious to his situation as to how it goes in the citizenship interview :)

gcbayarea said:
Hello Jimmy,

could you let us know how many days you were out of the US before you got in ? Looks like it was more that 180 days from your earlier posts ? But Just wanted to confirm.

Thank you.
Click to expand...
 
Hello Jimmy,

could you let us know how many days you were out of the US before you got in ? Looks like it was more that 180 days from your earlier posts ? But Just wanted to confirm.
 
Superstring
In addition, absences over 6 months break continuous residency requirement for naturalization purposes..
Click to expand...

I would disagree with you on that.
The " A guide for Naturalization " says ( form M476 ) in the document checklist pages ( at the end ):
_ absences < 6m : continuous residency not broken
_absences >12m : continuous residency broken ( unless there is an approved N470 ).
However, it says that for absences of more than 6 but less than 12m, the burden is on YOU to prove you that you had ties to the US :

Quote :
If you have taken any trip outside of the United States that lasted for 6 months or more since becoming a Permanent Resident,
send evidence that you (and your family) continued to live, work, and/or keep ties to the United States, such as:
q An IRS tax return “transcript” or an IRS-certified tax return listing tax information for the last 5 years (or for the last 3 years if
you are applying on the basis of marriage to a U.S. citizen)
q Rent or mortgage payments and pay stubs.

So it is possible not to have broken the continuous residency for trips >-m but <12m ; but YOU would have to prove it.
 
Query11, first of all – many regards. I respect very much your postings and desire to help people. I might agree or disagree with you. Frankly, this is just a discussion.

i have been out of country for almost half my stay as a PR on business & for studies....forget secondary inspection they never had a doubt on me...now if u know the rules and are confdent enough to face the situation no one has a problem with u but as soon as u land in the airport and act like a freek as though u have commited a crime ,nit just secondary they probably do a 100 inspections on you!!!!

Good for you!

If you know what you are doing…..But how do you know that? E.g. Jeff Skilling of Enron was 100% confident that he is innocent as a bird and that law is on his side.

Smart people are cautious, but not scared. If someone is being cautious that does not suggest that he/she should be scared or freaked. Being cocky often lead to problems.

again show me one guy who was denied entry..just one case...stop scaring ppl...i am having a doubt u r a lawyer ..the rule is the rule,they cant deny u entry or create a problem just because u came after 6 months..

I have no intention to scare anyone – I guess ppl here are not kids or fools to get scared by simple discussion. I hope that everyone is adult enough to form his/her opinion or consult a lawyer if he/she wishes to do so. Thanks god…I am not a lawyer! I am not even an immigration expert – just ordinary guy.

I never suggested that coming after 6 months will automatically cause denial of anyone’s entry to US. It will invite for scrutiny.

Frankly speaking, many immigrants do not have key documents with them while re-entering US (like tax returns, proof of residency etc) and are not prepared to deal with this. Moreover, many immigrants do not know laws, and do not know what is proving residence and what not. Shall I mention, at the minimum, that some ppl do not think well in a unpleasant situations?

When you enter US as a green card holder….you are not automatically given right to enter the country. You are admitted again after an inspection.

I do know a case when GC was taken away….Also, I know a number of cases where people were “sweating” and staying for 1-2 hrs explaining their situation at the secondary inspection. Also, it is true that some POEs are more pain than others.

well i have never acknowlegded this myth,so where on earth did u drag this into the conversation from.....

Has nothing to do with the particular case…It is just an observation, and it seems that we both agree on it.

Thanks to some immigrants who scare the hell out of immigrants and inturn the immigrants every time they meet a immigration officer have this sense of false guilt that some immigration officers have got this attitude that they can do anything and get away with it. Know the law, immigration officers cannot change the law based on 1 particular case....The laws in this country were made for immigrants as the guys who made the laws were themselves descendents of migrants...but tht does not mean gc is assured for every migrant...

Agree. In addition, (not just for immigration but in gneral) one should avoid two extreme cases: being scared and being cocky.

One thing in this great country if you fight for your rights, your rights are assured.

It is a great country!

While this is a bit idealistic, I agree….and love optimism. But not just in this country…also in many other places.

Once again, many thanks for all your contributions. I do not think that we terrible disagree – I would say that we have just different approaches.

I am a rookie here, and I've just realized that you had so many postings around the forum. They seem quite useful! So, pls keep up the good work!
 
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Good catch

Catseyes, good catch – you are right. I wanted to say “potentially”. Certainly, as you suggested, you have to provide good documentation for >6mo absences during naturalization process.

Many thanks...
 
Superstring said:
Query11, first of all – many regards. I respect very much your postings and desire to help people. I might agree or disagree with you. Frankly, this is just a discussion.

i have been out of country for almost half my stay as a PR on business & for studies....forget secondary inspection they never had a doubt on me...now if u know the rules and are confdent enough to face the situation no one has a problem with u but as soon as u land in the airport and act like a freek as though u have commited a crime ,nit just secondary they probably do a 100 inspections on you!!!!

Good for you!

If you know what you are doing…..But how do you know that? E.g. Jeff Skilling of Enron was 100% confident that he is innocent as a bird and that law is on his side.
Again you misinterpret the fact>>>skilling new the laws,saw the loop holes and tried to mess around(to bad he swept thousands of fellow houstonian's savings).

Smart people are cautious, but not scared. If someone is being cautious that does not suggest that he/she should be scared or freaked. Being cocky often lead to problems.
Agree

again show me one guy who was denied entry..just one case...stop scaring ppl...i am having a doubt u r a lawyer ..the rule is the rule,they cant deny u entry or create a problem just because u came after 6 months..

I have no intention to scare anyone – I guess ppl here are not kids or fools to get scared by simple discussion. I hope that everyone is adult enough to form his/her opinion or consult a lawyer if he/she wishes to do so. Thanks god…I am not a lawyer! I am not even an immigration expert – just ordinary guy.

I never suggested that coming after 6 months will automatically cause denial of anyone’s entry to US. It will invite for scrutiny.

Frankly speaking, many immigrants do not have key documents with them while re-entering US (like tax returns, proof of residency etc) and are not prepared to deal with this. Moreover, many immigrants do not know laws, and do not know what is proving residence and what not. Shall I mention, at the minimum, that some ppl do not think well in a unpleasant situations?
1)copy of your bank statements(you can log on to the banks website anywhere in the world and download/print the statement.)
2)i am pretty sure a lot of pr's use their bank accounts (online) to pay their credit card bills.> this again is on the bank statement.
3)if u file taxes online through h&r block or anyother portals again u can take printout just by logging on to their site.When you enter US as a green card holder….you are not automatically given right to enter the country. You are admitted again after an inspection.
Agree,neither have i said tht :)

I do know a case when GC was taken away….Also, I know a number of cases where people were “sweating” and staying for 1-2 hrs explaining their situation at the secondary inspection. Also, it is true that some POEs are more pain than others.
i have never heard of one,sorry!

well i have never acknowlegded this myth,so where on earth did u drag this into the conversation from.....

Has nothing to do with the particular case…It is just an observation, and it seems that we both agree on it.

Thanks to some immigrants who scare the hell out of immigrants and inturn the immigrants every time they meet a immigration officer have this sense of false guilt that some immigration officers have got this attitude that they can do anything and get away with it. Know the law, immigration officers cannot change the law based on 1 particular case....The laws in this country were made for immigrants as the guys who made the laws were themselves descendents of migrants...but tht does not mean gc is assured for every migrant...

Agree. In addition, (not just for immigration but in gneral) one should avoid two extreme cases: being scared and being cocky.

One thing in this great country if you fight for your rights, your rights are assured.

It is a great country!

While this is a bit idealistic, I agree….and love optimism. But not just in this country…also in many other places.
not in mexico! ;)

Once again, many thanks for all your contributions. I do not think that we terrible disagree – I would say that we have just different approaches.

I am a rookie here, and I've just realized that you had so many postings around the forum. They seem quite useful! So, pls keep up the good work!
Click to expand...
this is my last posting on this forum as i am going out on a vacation....so enjoy and apologize if i offended anyone..
thanks in advance
 
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Probably, this conversation is slowly getting out of the immigration subject.

Again you misinterpret the fact>>>skilling new the laws,saw the loop holes and tried to mess around(to bad he swept thousands of fellow houstonian's savings).

That is exactly what my point was. He thought that he “knew” the laws and he deeply believed what he was doing was totally fine from the legal perspective (forget moral, ethics, religion etc.). BTW, there were no loopholes in the law. Skilling and Lay were tried based on the “old” laws (nothing to do with SOX regulations and post-Enron changes).

Point: Caution is good. "Knowing it all" leads to downfall for sure. I think that both of us agree on this.

While this is a bit idealistic, I agree….and love optimism. But not just in this country…also in many other places.
not in mexico!

Lol :) Even in Mexico…Though a “little” slower… ;)

this is my last posting on this forum as i am going out on a vacation....so enjoy and apologize if i offended anyone..thanks in advance

Np. Have a great time during your vacation :cool: I enjoyed conversation with you.
 
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Work Assignment out of US for ~11 months

Hello,
My US employer has asked me to go to India in November, 2006 for a temporary work assignment (~ 1 year). I would basically be a US employee , being paid in US dollars for working in India.

Here are the details of my travel plan:

1. I am planning to fly to India sometimes in the second week of November, 2006

2. I will be staying in India for around 5 months and 2 weeks and then come back to US for a short trip in the 4th week of April, 2007

3. I will be staying in US for 2-3 weeks and then fly back to India in 2nd week of May, 2007

4. I will be staying in India for another 5 months and 2 weeks and come back to US permanently in 3rd - 4th week of October

So here are my questions:

1. Could there be any problems/issues when applying for US citizenship due to my above travel plan even though I satisfy the requirements of "continued resdience" (a single trip outside US < 6 months) and "physical residence" (30 month physical stay in US over a period of 5 years) status?

2. Is it advisable to apply for REP even though I would be staying outside US for around 11 months? Could the application of REP negatively affect my continued and/or permanent residency requirements for US citizenship? In other words, can I count the number of days I have stayed in US after obtaining my GC towards my continued/permanent residency requirements for US citizenship even though I have applied for REP?

3. I assume that I need to provide proof of my strong ties with US while I am abroad. Here is the list of documents that are needed based on my understanding:

- US Bank Account Statements
- US Income Tax Returns
- Paystubs on a US Payroll
- Rent Payments
- Affidavit or letter from US employer about my work assignment

How important is to rent in US and is it really recommended to rent an apartment in US while staying abroad? Is it a very strong proof of permanent ties to US?

4. N- 470 Form: How important is it to file N-470? Am I eligible to apply even though I would be out of US for 2 trips with each trip < 6 months and a stay of 2-3 weeks in US between these 2 trips? I read this form and it mentions that this form should be filed if a person plans to stay outside US for > 1 year.

5. Which address I should file on from AR-11 ("Change of Address" form) sent to USCIS: my US address (rented apartment in US) or address in India (living physically)?

I would really appreciate if someone could provide answers to the above questions.

Thanks in advance.
 
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