Re-entry permit issue

T

tisungho

New Member
Hello my friends,

We are Vietnamese. My parents were sponsored by my sister to live in The United States; they have come The United States since this May and have got the Green Card for a few months ago. Because of the family issues, my mother has to go back Vietnam and will stay there about 6 months.

I would like to ask you that does my mother need to apply for the Re-entry Permit? and will be there any problem for her return to The United States if she goes out The United States in 6 months meanwhile she has just got the Green Card for a few months?

Thank you very much
 
tisungho said:
Hello my friends,

We are Vietnamese. My parents were sponsored by my sister to live in The United States; they have come The United States since this May and have got the Green Card for a few months ago. Because of the family issues, my mother has to go back Vietnam and will stay there about 6 months.
------------from the date she departs US if she comes back to US Before 180 days then no need to apply Reentry permit.
I would like to ask you that does my mother need to apply for the Re-entry Permit? and will be there any problem for her return to The United States if she goes out The United States in 6 months meanwhile she has just got the Green Card for a few months?

Thank you very much
Click to expand...
Read the Below links:
Maintaining Legal Permanent Resident Status
http://www.hooyou.com/reentrypermit/maintainninglegalPRS.html
Maintenance of Lawful Permanent Residence
http://www.americanlaw.com/maintlpr.html
http://www.twmlaw.com/resources/immigrant/immigrant6cont.htm

http://careers.the-scientist.com/index.cfm?attributes.fuseaction=news.display&article_id=789

http://immigration.about.com/library/blpermres.htm

http://www.quanlaw.com/ls_presidency.asp
Very good legal guide for US Citzenship or to maintain Permanent Residence of US, very good reading

http://www.illinoislegalaid.org/UPLOADS/001688natguide.pdf
http://www.immihelp.com/greencard/retain-greencard.html
 
ginnu said:
------------from the date she departs US if she comes back to US Before 180 days then no need to apply Reentry permit.
Click to expand...


Ginnu, could you please explain where the 180 days figure comes from?

In all the instructions I have seen so far (including the links given in your post), it says that a reentry permit is only required for an absence of more than one year and less than two years, and that for absences shorter than one year a green card is sufficient for reentry....
 
baikal3 said:
Ginnu, could you please explain where the 180 days figure comes from?
------------what I said to poster is that if her mother comes back to US before 180 days from her departure then no need to file Reentry permit.

In all the instructions I have seen so far (including the links given in your post), it says that a reentry permit is only required for an absence of more than one year and less than two years
----------that is correct
, and that for absences shorter than one year a green card is sufficient for reentry....
----------That is also correct.
If you come back before 180 days then you maintain your continued physical presence for citizenship purpose if you stay more than 180 days you can enter US in 1 year and you break the continued physical presence
Click to expand...
 
I am not sure that you maintain continuous residence for Natz purposes if you go out for less than 180 days.

I mean for example if you file resident taxes but file form 2555 with bona fide tax resident of another country - then this might be construed as not maintaining continuous residence.

Continuous residence is what it says - a residence in the US. I am not sure if you can even maintain residence with your friend - because that's just mailing address. It all depends on vague interpretations of INS officer I guess.

DISCLAIMER:
I am not a lawyer and this is not reliable advice.
 
If one comes back within 6 months (180 days) one is considered as a regular return @ POE. If one comes back after 6 months (but less than a year) , one is basically "applying for admission" into the country. At this point of time, the officer @ POE can determine whether you have lost your PR status. Especially if one does not have a job (or somebody is not supporting), the officer may deny admission.
After more than one year (unless you have re-entry permit), you have definitely lost your PR status.
 
how to apply for re-entry permit?

Friends, can anyone tell me how to apply for re-entry permit?

Thanks in advance,
rs
 
Should I use any attorney?
if yes, please let me know if you know of any good attorney, also fees...

Thanks,
 
You must log in or register to reply here.
Top