Stay outside US for 25 months but valid re entry permit

H

Hugh01

New Member
Dear all,

This is the most informative and helpful forum I found. You are of great helps to people like us!

Our traveling history: (We have been always together either in or out of the US).

We (my wife, two children below 11 years old and, me) immigrated to the US in January 2011.
February 2011: traveled to our original country to settle some family business
March 2011: received green cards via address in the US at orginal country.
June 2011: back to the US, applied for re-entry permit and got biometrics done.
August 2011: went to original country to take care of sick father.
October 2011: Received re-entry permit which will be valid until October 2013
September 2013: plan to go back to the US, buy a house, analyze our situation then either apply for second reentry permit or stay in the US permanently.
We have active US bank accounts and credit cards, maintain our US address (sister’s house), filled our tax return for 2011.
I have three questions and really appreciate your advices:
1/ When we arrive in the US on September 2013, although we have valid re-entry permit, we will be 25 months out of the US, would that (the 25 months) be a problem as they said re-entry permit is for those who are less than 24 months outside the US? Or should we be back in less than 24 months for better chance of entry?
2/ If we apply for the 2nd re-entry permit back to back in September 2013, how is our chance of re-entry to the US in 2015 (we will own a US property by then)?
3/ I did some extensive search in the internet and find no case green card people with valid re-entry permit get green card revoked at the POE. Have you heard of any case?
Thank you for your advices
 
1) As long as you return before expiration of the permit, i.e. 2 years after its issue date, it's OK even if your stay abroad exceeded 2 years.
2) Should be good with your ownership of US property, but try to avoid stretching it out that late.
3) There was a court case with a woman from Pakistan who lost her LPR status even though she had a reentry permit. She had a house and car in Pakistan but none in the US, spent 4 years out of the previous 4.5 years outside the US, and traveled back to the US on a return ticket that ended outside the US. See www.ca5.uscourts.gov/opinions\pub\02/02-60449.cv0.wpd.pdf
 
Jackolantern said:
1) As long as you return before expiration of the permit, i.e. 2 years after its issue date, it's OK even if your stay abroad exceeded 2 years.
2) Should be good with your ownership of US property, but try to avoid stretching it out that late.
3) There was a court case with a woman from Pakistan who lost her LPR status even though she had a reentry permit. She had a house and car in Pakistan but none in the US, spent 4 years out of the previous 4.5 years outside the US, and traveled back to the US on a return ticket that ended outside the US. See www.ca5.uscourts.gov/opinions\pub\02/02-60449.cv0.wpd.pdf
Click to expand...

Dear Jackolantern, thank you for your prompt and good advice,
Regarding 2) we will try to buy a property during our 3rd years of the 4.5 years outside the US and we plan to arrive with a valid 2nd reentry permit in 2015. Would it be still risky? I know this is all very subjective so how would you rank our risk from 1 to 10 as 1: extremely risky to 10: very safe?
3) This lady actually arrived her last trip to the US after 1 year and 1 day outside and without valid reentry permit. Her reerntry permirt was used after her previous trip. Anymore case that got green card revoked when arrived with valid reentry permit?
Again thanks a lot.
 
You must log in or register to reply here.
Top