Staying out of USA for more than 6months less than a year

[situn]

We have received GC last year.

My spouse and kids will be going to India and wil be staying in India for 9 months (out of USA for more than 6months less than a year). Please let me know if this will be a problem while re-entering. I will be alos going to India with them but will be back to US within a month.

should they apply for the Re-entry-permit and how long it takes to receive

 

[susan ward]

Hi

Think they need to apply for a re entry permit

 

[gcbayarea]

you should be fine without REP

You may be fine even without a re-entry permit. Your wife and kids will have strong ties to the US even when they are in india (bcos u are here). So since the law says that re-entry permit is needed only if stay > 1 yr, you shud be fine.

Basically , what matters is the intent.. Do your spouse and kids intend to abandon the US for good ? No bcos they clearly plan to come back and also their spouse/father is here... So you should be fine.

I say so bcos my wife was in a similar situation... I was here at that time and she was completing her studies in India.... Her stay abroad was > 6 months but < 1 yr and she didnt have re-entry permit. There were absolutely no problems at re-entry as the officer could understand that she didn't intend to abandon GC.