Question on Re-entry Permit

J

JMJ

Registered Users (C)
Folks,

I know of a guy who is a GC holder and has been out of the country continuosly for more than 2 years now and I came to know that he went out after applying for a re-entry permit. Now my question is....

* Can a GC holder stay out of U.S for that long using a re-entry permit without adversely affecting his GC ?

* Is it possible that he can keep re-applying for re-entry permit year after year. Wouldn't USCIS revoke his GC ?

* In other words how long can one stay outside the U.S at a stretch ?

Any inputs from gurus here ?

Thanks for yr responses.

JMJ
 
JMJ said:
Folks,

I know of a guy who is a GC holder and has been out of the country continuosly for more than 2 years now and I came to know that he went out after applying for a re-entry permit. Now my question is....

* Can a GC holder stay out of U.S for that long using a re-entry permit without adversely affecting his GC ?

* Is it possible that he can keep re-applying for re-entry permit year after year. Wouldn't USCIS revoke his GC ?

* In other words how long can one stay outside the U.S at a stretch ?

Any inputs from gurus here ?

Thanks for yr responses.

JMJ
Click to expand...

By law, an immigrant cannot stay out of the US for more than six months. Again, a stay over one year out of the US is considered to have abandoned his/her PR status.

Having said that, if you stay out of the US for 6+ months but less than a year, you better give a valid reason to the Officer at the POE and would be given a warning. For this you don't need re-entry permit, but you cannot do this on a regular basis. You may be deported back to the country of origin probably on the second time.

Any stay out of the US for 1+ year without a re-entry permit will make one get deported back to the home country, no questions asked.

With re-entry permit, as I understand, you get upto two years to be out of the US; but, you will still need to have ties with the US (like home, apartment, utility bills et). I guess you get a total of two re-entry permits while on PR status.

Any stay out of the US for 6 months in a row (with or without re-entry permit) will re-start your counter for citizenship process, as far as I understand from my lawyer and other gurus.

Good luck
howdy_howdy
//
 
Will greencard holders need to apply for re-entry permit if they travel outside the U.S. less than 6 months in year 2008? Somebody told me that but i don't know if it's true or not :(
 
Some more questions about staying outside


1.Will Staying outside US for 6 months in the current year and then 6 months in the next year will count as 1 year if the one year period after PR falls
between that time?

2. For this calculation a year is calculated based on the day a person got PR status or it is fiscal year?
 
Howdy -

Re: "With re-entry permit, as I understand, you get upto two years to be out of the US; but, you will still need to have ties with the US (like home, apartment, utility bills et). I guess you get a total of two re-entry permits while on PR status."

Maybe you did not clarify. I think you do not need to rent a vacant apartment for 1K per month while you are away for 2 years. You can keep your residence with a friend for instance. At least this is how I understand. It would be stupid to just spend 24K on a empty apartment. Almost nobody does it:)

But keeping ties to the US makes it easy for you to show that you had intention to come back to the US. The key is to show that you had a temporary reason to be abroad.

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I am not a lawyer and this is not a reliable advice.
 
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