Out of US for more than 6 months but less than a year with no Re-entry Permit

A

ajit99

New Member
Hi there,

I need some advice on how to handle my green card situation. I have an employment based green card, which was granted in October 2009. I moved back to the UK in April 2010 for work and family reasons. My last visit was for a week in June 2010 (so over 6 months ago but less than a year). I did not apply for a re-entry permit before leaving the US.

I am marrying a US citizen in April 2011 in the UK. We plan on returning to live in the US at some point, probably in the next couple of years.

I see myself as having three options regarding my green card:

(1) Give up my employment-based Greencard and then re-apply for one through marriage when the time comes - questions: what is the likely time/ cost here? Can it be done from outside the US?

(2) Keep my employment based green card and visit the US every so often and hope they don't notice that I'm not living there

(3) Go back to the US and obtain a re-entry permit. How long am I likely to have to be in the US for this? Would obtaining this be harder now that I have been out of the country for more than 6 months.

Any help you can provide would be much appreciated.

Thanks,

Alan
 
You can apply for the GC when outside the US. 4-8 months is an approximate time frame for a case based on marriage to a US citizen when processed through the consulate with DCF (however some consulates are slower or faster than others). Total fees are close to $2000.

The reentry permit requires you to be in the US when you submit the application (including when USCIS receives it), and again for fingerprinting about 3-5 weeks later. You can leave the US in between those points in time. After fingerprinting, you can leave the US and wait for the permit to be delivered to your US address or a consulate abroad where you'll pick it up.

If they let you back into the US, which they probably will do if this is your only long trip, the approval of the first reentry permit is nearly automatic.
 
Thanks - that's helpful. Going back to get a re-entry permit seems like a good option.

I read somewhere that if staying out of the US for more than six months but less than a year then it's advisable to contact the US consulate before attempting to return. Do you know if that's right?

If I do attempt to enter the country and entry is denied (and the GC confiscated), will that affect any future applications for a green card (through marriage)?
 
ajit99 said:
Thanks - that's helpful. Going back to get a re-entry permit seems like a good option.

I read somewhere that if staying out of the US for more than six months but less than a year then it's advisable to contact the US consulate before attempting to return. Do you know if that's right?

If I do attempt to enter the country and entry is denied (and the GC confiscated), will that affect any future applications for a green card (through marriage)?
Click to expand...

There is no point in contacting a U.S. consulate in the situation you describe. There is nothing they can do for you (the absence of less than a year is too short to be considered for a returning resident visa), and the decision about re-admission is made by the CBP officer at the port of entry, not by the people at the U.S. consulate.

It is extremely unlikely (I would say basically impossible) that you'll be referred for a GC revocation hearing at your next reentry, assuming that it happens after less than a year absence. If the CBP officers notice a problematic travel pattern, they will usually issue the GC holder several warnings upon readmission (these warnings do get recorded in the CBP file for the person in question), and only then would they send the GC holder to an immigration judge for a GC revocation hearing.
 
You must log in or register to reply here.
Top