Re entry visa! NEED HELP PLEASE!

Clark canon

Clark canon

New Member
Good day! I am a permanent resident of the USA. I applied for a re entry permit last june of 2015 and I was scheduled for biometrics on August 2015 then on August 11 2015 I came home in the Philippines. My purpose for getting a re entry permit is for me to take the local board exam for nurses(which is already done) and for some medical issues since we are given a 2 year duration to stay outside the US. My mom just talked to a immigration lawyer and she is very worried that if I stayed here in the philippines for a long period of time(I have no plans on exceeding the 2 years durations) i might not be able to re enter the US. Im planning to go back to the US 2 month before my re entry permit expires. So that will be on sept of 2017. I want to take the NCLEX RN exam here in the Philippines and also I want to spend more time with m my family so I want to maximize my stay. Can this be a problem upon my return to the USA? Thank you so much!
 
Clark canon said:
Good day! I am a permanent resident of the USA. I applied for a re entry permit last june of 2015 and I was scheduled for biometrics on August 2015 then on August 11 2015 I came home in the Philippines. My purpose for getting a re entry permit is for me to take the local board exam for nurses(which is already done) and for some medical issues since we are given a 2 year duration to stay outside the US. My mom just talked to a immigration lawyer and she is very worried that if I stayed here in the philippines for a long period of time(I have no plans on exceeding the 2 years durations) i might not be able to re enter the US. Im planning to go back to the US 2 month before my re entry permit expires. So that will be on sept of 2017. I want to take the NCLEX RN exam here in the Philippines and also I want to spend more time with m my family so I want to maximize my stay. Can this be a problem upon my return to the USA? Thank you so much!
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The lawyer you mom spoke with is clueless. You have a re-entry permit which allows you to stay outside the US for up to 2 years. As long as you return before the permit expires, you will be fine regardless if you stay 2 weeks, 12 months, or 23 months.
 
Sir/ma'am thank you so much for your reply. Thats what im thinking also but his an immigration lawyer. His an american and he is based here in the Philippines. He said that taking the NCLEX RN here in the Philippines is not a valid reason for me to maximize my stay. My reason for taking the NCLEX RN exam here because the review class is much cheaper plus Im here already so i want to take advantage of the oppurtunity and also I want to spend more time with my family. Is my reason valid when an immigration questioned me upon my return? Thank you so much. :)
 
Clark canon said:
Sir/ma'am thank you so much for your reply. Thats what im thinking also but his an immigration lawyer. His an american and he is based here in the Philippines. He said that taking the NCLEX RN here in the Philippines is not a valid reason for me to maximize my stay. My reason for taking the NCLEX RN exam here because the review class is much cheaper plus Im here already so i want to take advantage of the oppurtunity and also I want to spend more time with my family. Is my reason valid when an immigration questioned me upon my return? Thank you so much. :)
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Again the lawyer is clueless. You already have an approved re-entry permit which is valid for two years. Even if you tell the IO upon your return you stayed back to spend some time with your family, it shouldn't be an issue.
 
Why is it that he said that having a re entry permit does not guarantee you readdmission to the US? He also said that its up to me to convince the IO weather my reason is valid. Sorry for my questions. Im just very worried. Thank you so much!
 
They do say that as a disclaimer in general, because in rare cases, if you are deemed to have abandoned your ties to the US they can claim that, even though you have an RP, you are inadmissible.

However, chances of that are extremely low, and might occur if, for example, you have a history of travelling constantly for long periods of time. Doesn't sound that way, though.
 
cafeconleche said:
They do say that as a disclaimer in general, because in rare cases, if you are deemed to have abandoned your ties to the US they can claim that, even though you have an RP, you are inadmissible.

However, chances of that are extremely low, and might occur if, for example, you have a history of travelling constantly for long periods of time. Doesn't sound that way, though.
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Thank you for your reply!

Can you please explain to me what "ties to the US" means? Because based on my research when you say ties with the US. You should establish a bank account and pay income tax. Problem is i dont have a bank acc and im not yet paying any income tax. So does this mean i have abandoned my ties with the US?

What will be your best advice sir? Maximize my stay or return ASAP to the US?
 
No, it doesn't mean you have abandoned ties (though you don't seem to have ties either). Did you already establish yourself here? When did you get your GC? Did you leave for the Philippines very soon after? If so, shouldn't be a problem. Even otherwise, the RP shows strong intent to remain an LPR, so chances are low you will be deemed to have abandoned ties.

Obviously the sooner you return, the better, but the advantage is slight, and I don't foresee you encountering too much hassle, especially if you don't enter the US on a roundtrip ticket.
 
cafeconleche said:
No, it doesn't mean you have abandoned ties (though you don't seem to have ties either). Did you already establish yourself here? When did you get your GC? Did you leave for the Philippines very soon after? If so, shouldn't be a problem. Even otherwise, the RP shows strong intent to remain an LPR, so chances are low you will be deemed to have abandoned ties.

Obviously the sooner you return, the better, but the advantage is slight, and I don't foresee you encountering too much hassle, especially if you don't enter the US on a roundtrip ticket.
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Hello sir!

We arrived in the US April 16 2015 then 35 days after we reciecved our GC. I spent a total of 4 months in the US(april 2015 to august 2015). I Can not say I established myself in the US because I do not have a job yet. I came back here in the Philippines because i have to take the board exam for nurses. I already passed the exam and currently I decided to take the NCLEX RN(US Licensure exam for nurses) here in the Philippines because the review class is much cheaper. Problem is the lawyer that my mom spoked to said taking the nclex rn here is not a valid reason upon my return. So we are really worried and yes I wont be entering the US with a round trip ticket. My RP will expire on nov 2017.

Sir can you say I am established? What are my chaces of being inadmissable based on the info i gave to you?

Thank you so much sir!
 
Your story looks like that of many new immigrants, so no, I do not personally expect you to have trouble coming back to the US.
 
cafeconleche said:
Your story looks like that of many new immigrants, so no, I do not personally expect you to have trouble coming back to the US.
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Thank you so much sir!

What if the immigration officer questioned my stay in the phillippines? What is the best and valid reason I can give to the IO? Because based on the immigration lawyer my mom spoke to. My reason for taking the nclex RN here in the Philippines is not valid.
 
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How did you get your green card, by the way? Lottery, or family sponsorship?

Anyway, you can explain you had just become a permanent resident, but couldn't fully move immediately because you had to finish some exams back home, and wrap things up in your old life.
 
cafeconleche said:
How did you get your green card, by the way? Lottery, or family sponsorship?

Anyway, you can explain you had just become a permanent resident, but couldn't fully move immediately because you had to finish some exams back home, and wrap things up in your old life.
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I recieved my green card by family sponsorship sir.

Ok thank you so much!
 
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