Re entry soon after having GC

C

creack

Registered Users (C)
I've just got my immigrant visa in my passport, and I've to go to USA next week just for 5 days.

I'll received SSN and GC after.

One question : after these 5 days, I'll go back to Europe for, at least, 6 to 9 months before settling in America . Do I need to apply for a re-entry permit to avoid problems when I'll come back in US next time?
 
creack said:
I've just got my immigrant visa in my passport, and I've to go to USA next week just for 5 days.

I'll received SSN and GC after.

One question : after these 5 days, I'll go back to Europe for, at least, 6 to 9 months before settling in America . Do I need to apply for a re-entry permit to avoid problems when I'll come back in US next time?
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If you are sure 9 months is the maximum (less than one year), then you will come back for real stay in US and you can prove that (job, house, family .....etc) you are fine without reentry permit. If the travel will be stretchable to year or more, or you will come just to keep the card valid by another short visit without real ties to US, then apply for permit. The permit itself is neither a subsitution for real ties to US nor a 100% gurantee to be readmitted even within its validity. The permanent stay in US is the norm and permit is the exception.
 
Once I asked the same question almost exactly like you. I also came for couple weeks without real ties and left USA.

I thought that I would be fine unless I exceed one year absence. But too many people here advised me not to stay more than 6 months (180 days), because than you may have problems.

After those 180 days, you are subject for new immigrant procedure and if they don't like your ties than your GC may be revoked. But still I havent heard about anybody who lost his/her GC.

Maybe you have way more ties than me. I have just bank account and proof of study abroad - that's all!

However for better sleep I'd rather come to the U.S. for a short visit before 180 days are up. Good luck!
 
It is the pattern of repeated absence for long periods without ties to US (with or without permit). The patterns may be even for less than 6 months. If this is your fist visit after long trip, the possibility is very high to be in, but if this is your fourth time, I would like to see your experience in this forum. I know few examples of cases traveled for more than 2 continous years without permit and succeded to re-enter without what they said no problems and a family used to come twice per year (in less than 6 months intervals) and their GCs taken from them. In this forum, we give the real, ideal advices and every one is free to do whatever he want. We do not want anyone to loose his GC even if the chance is very low because of isolated experiences. It is not advisable to till the people no problem at all if you come twice per year before 180 days for any perioid of time and you can sleep better by then. Most of the people got their GC with difficulty, time, money and unbelivable efforts, very few got it from lottry without much of that and most of the later group are not ready by the time of application to relocate to the US
 
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what kind of ties valid for us immigration ?
belonging your home in us ?, having a job ? , paying us income tax ?
what else ?
 
creack said:
I've just got my immigrant visa in my passport, and I've to go to USA next week just for 5 days.

I'll received SSN and GC after.

One question : after these 5 days, I'll go back to Europe for, at least, 6 to 9 months before settling in America . Do I need to apply for a re-entry permit to avoid problems when I'll come back in US next time?
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You don't need a reentry permit, but you should be prepared for the possibility of rigorous questioning, and you should be aware that the 6-9 months outside the US is likely to delay your eligibility for US citizenship (they may consider your 5-year residence period to start from the end of that long trip, rather than the first day you entered the US with the immigrant visa).
 
As I said, I am currently in the same situation as author. I came only once for "short" visit and then left in order to finish studies and then continue in America. Yesterday I inquired local U.S. embassy and here is translated what they replied:

According the law, you will loose your green card if you stay out of USA longer than 12 months. In your case, we would advise you to prepare proof of your studies in Europe and prospectively your acceptation letter from U.S. university.

That's what they said, but still I am uncertain from other sources ...

Of course I would be more than happy to return certainly after 10-11 months after first long trip.

But this would be a risk, right?
 
Hannah7 said:
Of course I would be more than happy to return certainly after 10-11 months after first long trip.

But this would be a risk, right?
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A trip of over 12 months makes it almost automatic that you'll lose your status, but a trip of over 180 days still can be a problem because it puts you into the "seeking admission" category which opens you up to additional scrutiny.

http://www.mshale.com/article.cfm?articleID=18251
However, if the LPR was absent from the United States for over six months or has abandoned his or her LPR status, the U.S. government will regard such foreign national as “seeking admission” to the United States. “Seeking admission” is a special term in Immigration Law. It means that to be able to enter the United States, a foreign national has to satisfy certain statutory criteria including establishing that he or she is not afflicted by a communicable disease (e.g. tuberculosis); is not a serious criminal; does not present a national security threat; is not likely to be on public assistance; etc.
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http://ezinearticles.com/?Important...member-and-Consider-When-Traveling&id=1371028
Prior to 1997, if a lawful permanent resident was believed to be inadmissible, immigration inspectors had to first make a determination whether his/her absence was "meaningfully interruptive" of permanent residence. Later revisions to immigration laws have formalized a 'test' for immigration inspectors to apply in this situation. Under this test, a lawful permanent resident is NOT considered to be seeking admission, unless the alien:

• has abandoned or relinquished that status;

• has been absent continuously for more than 180 days;

• has engaged in illegal activity after departing the U.S.;

• has departed under legal process seeking removal;

• has committed certain criminal offenses;

• is attempting entry without inspection; or

• has entered the U.S. without authorization by an immigration officer.
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creack said:
what kind of ties valid for us immigration ?
belonging your home in us ?, having a job ? , paying us income tax ?
what else ?
Click to expand...

The ties are not written in law, it is something that you can prove for yourself first, then to others that you are actually living permanently in US not overseas and your return is from overseas trip for temporary visit (even if it was for up to 2 years with permit) to the place where you are really primarily live not the reverse. Consider USC returned back after 10 continuous years working overseas, is it easy or difficult for him to prove ties to US? I think it is easy.
Home: I know many GC holders renting or living with relative. Job: It is not a requirement to keep GC. Paying income tax: is not a tie at all, it is a requirement by law without which you will loose the status. On the other hand, thousands have homes, jobs and paying taxes and are not GC holders.
Stop by any immigration court any day you like to see how may GC revoked because the holders can not prove "real" ties to US.
My advice is if you have GC, do your best and every possible thing to permanently stay in US till you become citizen and after that travel where ever you like. If you can not do that for years and years, just give yourself a peace of mind and surrender it.
 
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