staying out of US for more than 6 months .........how is that ?

M

medofaroon

Registered Users (C)
i stayed in US for 3 years and 4 months .......

now iam away from US for almost 8 months

is this ok when i return back ???any problems with POE officer ?wat he gonna do with me ?
 
It depends on your pattern of trips. If this is a one time thing, the CBP officer may not do anything. If you have a pattern of trips, then ... it depends.

Although, 8 months is kinda getting long. You might get a warning, but they can not refuse you entry.
If you get to 1 year absence, you will not be allowed back without a returning resident visa (SB1).
 
sanjoseaug20 said:
It depends on your pattern of trips. If this is a one time thing, the CBP officer may not do anything. If you have a pattern of trips, then ... it depends.

Although, 8 months is kinda getting long. You might get a warning, but they can not refuse you entry.
If you get to 1 year absence, you will not be allowed back without a returning resident visa (SB1).
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You would need the SB-1 visa IF you did not obtain a re-entry permit before you left.

Even with a re-entry permit you will be "seeking admission" because you have been gone over 6 months and must be admissible under INA 212 like any other alien applying for admission. In terms of what you may have done to your naturalization eligibility please read 8 CFR 316.5(c), all parts [2 types of breaks in residence are defined but there is only one remedy used for either].
 
I presume the OP does not have the SB1 visa ... by reading the tone of the message. Getting re-entry permit now has no meaning.
 
Well, we are not POE officers. I think you should hurry back, but even if you can't, it is not the end of the world because the processes like SB-1 have been created for such exigencies. First such trip in 3.5 years sounds positive, but be prepared for questioning.
 
sanjoseaug20 said:
I presume the OP does not have the SB1 visa ... by reading the tone of the message. Getting re-entry permit now has no meaning.
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One can't apply for a re-entry permit from abroad. Only an asylee or refugee could possibly get a Refugee Travel Document abroad and they have to have strong evidence of being unavoidably detained and completely ignorant of the legal requirement to obtain advance permission to travel abroad while in such status.

Like was said, just hurry back before reaching a year (the sooner, the better).
 
so that means that the POE officer will question me about my long absence ? ...and i will get reentry admission for sure ?
 
is there any case before that got reentry denied for staying away more than 6 months ?????!!!!!!!!!!!!!!!!!!!
 
If you are truly on your first long visit abroad, and if you truly do not have other issues, I see no reason to worry. People routinely get held up abroad for reasons.
If they want to deny you entry, for first offense mind it, they are going to ask you see a judge. CBP or Judge is going to warn you saying that if you take another long trip, the GC is gone. However, it is very rare they will send you back after one 8 month trip when you were in US before for over 3 years.

However, you are worrying so much I suspect something is wrong which you do not want CBP officer to discover ...
 
oh no ,,,nothing i have to hide from CBP ,,,,iam just worried coz its my first long trip since i got the GC ,so iam worried about what the officer gonna do with me
so i wonder if someone know any case that got denied coz of long trip after getting GC ???
 
medofaroon said:
oh no ,,,nothing i have to hide from CBP ,,,,iam just worried coz its my first long trip since i got the GC ,so iam worried about what the officer gonna do with me
so i wonder if someone know any case that got denied coz of long trip after getting GC ???
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You worry too much. IF you ENJOY worrying, here are some things to worry about. It is my Christamas gift to your paranoia.

You should worry IF:
1.) you sold your home in the U.S.,
2.) quit your job or sold your business in the U.S.,
3.) moved your spouse and children abroad with you,
3.) took a job or opened a business abroad,
4.) your spouse took employment or opened a business abroad,
5.) you enrolled your kids in school abroad,
6.) you joined the PTA at your kid's school,
7.) you got permanent residence or naturalized in another country,
8.) you joined a foreign military,
9.) you got a job with a foreign government, AND
10.) you got elected President of another country.
OR
YOU got arrested for a serious crime or joined a terrorist organization!

Stop being a worry-wort!
 
actually , i dont have job , spouse ,house in US ....thats wat iam talking about ...i dont have ties in US .....so how is that sound ???!!!!
 
medofaroon said:
actually , i dont have job , spouse ,house in US ....thats wat iam talking about ...i dont have ties in US .....so how is that sound ???!!!!
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Then you fit the demographics in the U.S. right now. So, what will you do when you return to the U.S.? Got a place to stay? Got any marketable job skills? Not to proud to work in a fast food joint?

Hurry back before it gets any worse.
 
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ill stay with a friend and gonna look for a new job for me ...but my concerns now is about the POE admission ....i dont have home ,spouse nor a job

so how is that sound to the POE officer ??!!!
 
medofaroon said:
ill stay with a friend and gonna look for a new job for me ...but my concerns now is about the POE admission ....i dont have home ,spouse nor a job

so how is that sound to the POE officer ??!!!
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If you had no spouse, then that issue becomes irrelevant. If your did not own a home, then, you did not sell one. You have a place to stay when you get here and like so many others will be looking for a job. You never said if you had a re-entry permit or not. Have you gained a ground of inadmissibility? If no, why are you obsessing over this?
 
i dont have re-entry permit becoz i already know thats when i stay over e year outside the US ...iam worried becoz this is my first time to travel outside US this long
so r there any cases who got denied becoz of staying more than 6 months and less than a year outside US ??
 
medofaroon said:
i dont have re-entry permit becoz i already know thats when i stay over e year outside the US ...iam worried becoz this is my first time to travel outside US this long
so r there any cases who got denied becoz of staying more than 6 months and less than a year outside US ??
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Many people are brought under extra scrutiny due to a long absence. The VAST MAJORITY of them still have their LPR status and GC.

A person has to have SOMETHING MORE that works against them for there to anything more than a "warning". IF the ONLY issue is staying out over six months, one is sure to get a reminder of the GC maintenance requirements. It would take some other problem to get referred to an IJ and it would have to be really bad for the IJ to take status away.
 
medofaroon said:
i dont have re-entry permit becoz i already know thats when i stay over e year outside the US ...iam worried becoz this is my first time to travel outside US this long
so r there any cases who got denied becoz of staying more than 6 months and less than a year outside US ??
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I would like to be your POE officer.
 
so u think thats not a problem to stay 8 months away and the officer gonna do nothing but warning with me ?!?
 
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