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harsha_c

Registered Users (C)
Hi All

I have left the US in end of november last year and have been back in may for the 6 month visit and now coming back in october end again. I am doing my one year MBA overseas and plan to be back by end of this december in US. The last time I showed my papers and everything went smoothly with no questions asked....

I did not apply for reentry permit as I had a valid reason and did not plan to stay abroad for more than one year. I am concerned now that they might not let me in the country when I try to come into the country in december as it is over 1 year. Would I face the issue even if I had come and gone every 6 months. Would it be safer if I apply for reentry permit when I arrive now in october and try to enter the country once I get the reentry permit in my hands.

Thanks
Harsha
 
harsha_c said:
Hi All

I have left the US in end of november last year and have been back in may for the 6 month visit and now coming back in october end again. I am doing my one year MBA overseas and plan to be back by end of this december in US. The last time I showed my papers and everything went smoothly with no questions asked....

I did not apply for reentry permit as I had a valid reason and did not plan to stay abroad for more than one year. I am concerned now that they might not let me in the country when I try to come into the country in december as it is over 1 year. Would I face the issue even if I had come and gone every 6 months. Would it be safer if I apply for reentry permit when I arrive now in october and try to enter the country once I get the reentry permit in my hands.

Thanks
Harsha
Click to expand...
Just tell the immigration officer (he or she is the robot that never smiles back) that you only spent two months. Noone can tell. I know I will be attacked by the self righteous idiots in this forum, but I stopped being honest from now
 
greencarder said:
Just tell the immigration officer (he or she is the robot that never smiles back) that you only spent two months. Noone can tell. I know I will be attacked by the self righteous idiots in this forum, but I stopped being honest from now
Click to expand...

Yeah, great strategy - lie to USCIS and see where that gets you.

What makes you think "noone can tell"? Maybe not if you didn't leave the country by commercial airline, but if you did, there are passenger manifests which are likely to be in the CBP archives.

harsha_c: I wouldn't worry too much. Most likely the worst you would experience is a trip to secondary inspection. Aside from that, it sounds like you just reset the clock on your natz continuous residency. Check out the 4yr+1day rule.
 
...And pigs can fly too right?

Border control agents have much more information. The computer has the dates when one left and one came back. If they ask how long you were out, is not because they have no idea but they want to make sure it is the same person who went out coming back.

Looks like you are stuck in FBI name check. Is that why you are so bitter and agressive? No "self righteous idiot" is responsible for your situation. Just cool off and be a happy person:)

Hopefully you will have your interview soon.



greencarder said:
Just tell the immigration officer (he or she is the robot that never smiles back) that you only spent two months. Noone can tell. I know I will be attacked by the self righteous idiots in this forum, but I stopped being honest from now
Click to expand...
 
Update

Just to update the robot asked me and I replied honestly 5 months and he put that on my passport. Am not sure what ramifications that has well on my citizenship etc....... Am not sure what I could do to preserve my continous residency as I have a valid reason and I hope naturalization folks do not see this one year break as a break in my naturalization clock as I am keeping the 6 month rule in not breaking the continous residency requirement......
 
Anyway, the damage has already been done. It is worth a try to apply, if you can stomach the risk of losing the application fee. If denied, you will be able to reapply 4 years and 1 day since the last of your long overseas trips (provided there is nothing else blocking your eligibility like a criminal conviction).
 
follow up question .....

Assuming that my clock will be reset, would it be correct to assume I would have to do the remaining 1 1/2 years of physical presence in the 4 years 1 month and not the entire 2 1/2 years of physical presence again? I already
have a year or so of physical presence since I got green card.....

Thanks for advice.....
 
Physical presence is a rolling window. You must have accumulated sufficient days "in the US" at the time of application, and then maintain that through until oath. So basically you need 900 days of presence within the past 5 years on the day you submit the N-400.

The 4yr+1day continuous residence rule is totally separate from the physical presence requirement. Even when you qualify to use this benefit, you will still need 900 days accumulated physical presence.
 
harsha_c said:
Hi All

I have left the US in end of november last year and have been back in may for the 6 month visit and now coming back in october end again.
Click to expand...


Remember there is no such thing as a "VISIT". You visit other countries, you do not visit the US. You reside in the US and visit elsewhere. Comming back after 6 months just for a visit will not preserve your residency at all. People are really getting this mixed up and thinking all they have to do is come back for a week and leave again and everything is fine. It is not the case. You actually have to show you reside in the US and are temporarly visiting another country...
 
brb2 said:
...And pigs can fly too right?

Border control agents have much more information. The computer has the dates when one left and one came back. If they ask how long you were out, is not because they have no idea but they want to make sure it is the same person who went out coming back.

Looks like you are stuck in FBI name check. Is that why you are so bitter and agressive? No "self righteous idiot" is responsible for your situation. Just cool off and be a happy person:)

Hopefully you will have your interview soon.
Click to expand...
No self righteous pig is responsible for anything
 
harsha_c said:
Assuming that my clock will be reset, would it be correct to assume I would have to do the remaining 1 1/2 years of physical presence in the 4 years 1 month and not the entire 2 1/2 years of physical presence again?
Click to expand...
You will have to redo the 2 1/2 years of physical presence.
 
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