Tricky situation at Seattle - No re-entry permit

I

I140helppls

Registered Users (C)
Guys

I ran into a situation i wasnt prepared for and need your advise.

Background - I am a GC holder, received GC in July 2006 and have spent short trips (1-2) weeks for work after that in India. My longest trip was in August 2007 for 3 months and that was also for work, working out of our offshore office. My wife has a GC and my kid is a citizen.

Now, I have been sent to India again for a 6 months assignment, potentially increasing to 10 months but not more than that. I did not file for the re-entry permit, since the assignment is less than an year. I continue to be employed by my US employer and only my work location is changing, continue to be paid in US etc. I vacated my apartment, moved everything to a storage and also sold my car. I am using my friends address to get all mails etc. At the end of the day all my a/c's etc in US are active since i will definitely come back to US after 6-9 months, no doubt about that.

I came to Seattle this weekend for a couple of weeks client visit, and the officer at immigration asked me nature of my trip and some basic questions. I had a letter from my office regarding my assignment but it was in my check in luggage. Then he asked me where i lived, i said i am a resident of US but currently in India, he asked my address, and i just couldnt recollect my friends address. I said, let me give that to you - and he said, you shouldnt be doing this, i know you are genuine but do apply for REP. I was like - my assignment is for less than a year? He said, still...

I probably should have shown him the letter, he let me go, no hassles but i am concerned. I have all ties with US (employment, accounts etc etc) but i vacated my apartment, it just didnt make any financial sense for me.

Should i be worried? I will probably come back in Sep-Oct 009. OR i will be ok as long as i show them the letter clearly stating my assignment start/end dates and my office location etc?

Should i apply for REP? That will be a hassle since me/wife will have to come back again? Should i re-take an apartment?

Please advise
 
re:

Thanks for the response. However dont i have strong ties to the US considering i am employed with a US company even though i am using a friends address etc? I am very much a US resident, since i will come back and i still use my US phone for all calls etc in India, invest monthly for investments, 401k, brokerage, pay my health bills, paying my credit card loan etc. I am really concerned looking at your response, and i can apply for re-entry permit, the issue is that i would have to bring all my famly back to US again and we just moved 2 months ago? What is the immigration database?

Please advise what i should do. OR if my assignment does get extended over 6 months, i can make it a point to come back to US before the 6 month duration, apply for REP for me and my family and then go back? I am currently slated to go back next weekend. Is that enough time to apply for REP?
 
re:

I just talked with my lawyer and she said nothing to worry. I have sufficient intent (employment, taxes, bank a/c's etc) to prove my intent. However i will come back to US before 6 months now and apply for REP if i intend to stay longer/my assignment gets extended,.
 
How was the immigration officer? He believe you, no? Did he tell you that you needed REP ?

By the way I think that you have good ties to the country ... I wouldn't be much worry if I were you (especially if you are back within 6 months)

However, one never know unless you have U.S. passport:)
 
re:

Hannah

The immigration officer was cool. Plus i was really coming back (even though just for 2 weeks) after being out of the country for 8 weeks or so. What he said was that if you plan on being out of business, file for REP, it was a honest suggestion. He thought that i am actually staying in India, using a PO Box here and coming in for a week or so to maintain status. Which really is not the case.

My biggest tie back to the US is my employment since i am a US employee, i am not transferred etc to the indian office and will not be. I really would have liked to be able to stay for about 10 months or so, because i think my assignment will get extended. I left on Feb 15th, but after what happened, i think i should come back before aug 15th and apply for REP. That will be a pain considering i have little kids.

What do you think? I was told by my lawyer (company) that no need to apply for REP since i will be coming back in 1 year and i have a letter that states the start/end date of the assignment.
 
I140helppls said:
Hannah

The immigration officer was cool. Plus i was really coming back (even though just for 2 weeks) after being out of the country for 8 weeks or so. What he said was that if you plan on being out of business, file for REP, it was a honest suggestion. He thought that i am actually staying in India, using a PO Box here and coming in for a week or so to maintain status. Which really is not the case.

My biggest tie back to the US is my employment since i am a US employee, i am not transferred etc to the indian office and will not be. I really would have liked to be able to stay for about 10 months or so, because i think my assignment will get extended. I left on Feb 15th, but after what happened, i think i should come back before aug 15th and apply for REP. That will be a pain considering i have little kids.

What do you think? I was told by my lawyer (company) that no need to apply for REP since i will be coming back in 1 year and i have a letter that states the start/end date of the assignment.
Click to expand...


Why don't you file N470 to preserve resdiency?
 
I am lay man ...

But I think that in your case, if you can show official letter from your employer saying sth like: "Mr. X temporary assigned to India for a job and his assignment terminates on Sep 2009."

You should be fine even with absence up to 12 months. Because such letter shows clearly that you were in India just for work and the work was only temporary in nature. Temporary because you have START and END date on it.

Plus you are officialy employed through U.S. employer and your salary is deposited into american account ...

Again, I'm layman, but I wouldn't be worry at all!
 
Last edited by a moderator:
re:

I moved to India on 15th Feb and in the year before that i had made one trip of 8 days, so i assumed i am not eligible to apply for N470.
 
I140helppls said:
I moved to India on 15th Feb and in the year before that i had made one trip of 8 days, so i assumed i am not eligible to apply for N470.
Click to expand...

If you are working outside the country for a U.S employer, you can file for N470. Your work lawyer should've told you about that already??Don't you want to become a U.S Citizen and not break your residency?
 
re:

I think one of the requirements to file for a N470 is that you should not have made any trips in the 1 year before you apply for that. In my case i had made one short trip. Is that not correct?
 
I 140 : you need to avoid " I moved to India on 15th Feb "

As a permanent resident,you need to put in your mind you live in usa and you travel temporary for your employer.
 
Yes, don't tell any US officials that you've moved abroad. I've been "temporarily studying abroad" for a while. That's what I say. Also, memorise your friend's address, and have all your proof of ties to the US ON YOU when you travel. I do. You have to make them see that you're still a US resident, and that you want to be.
 
I140helppls said:
I think one of the requirements to file for a N470 is that you should not have made any trips in the 1 year before you apply for that. In my case i had made one short trip. Is that not correct?
Click to expand...
Not fully correct. You need to have spent 1 year physically inside the US since becoming a PR, without any trips outside whatsoever during that year (but you can travel to US territories like Puerto Rico and the US Virgin Islands which are considered to be inside the US for immigration purposes). That 1 year can be any 12-month period since becoming a PR ... it doesn't have to be right before you apply for the N-470.
 
re:

Thanks. I didnt know that! Do you guys feel that i should make a trip before 6 months and apply for the REP. My assignment got extended and i am now scheduled to be back in Jan, so an absence of 10 months .. actually i made a trip back in April.

My company is saying that below 1 year you dont need REP but my lawyer recommends that over 6 months, apply for REP. The re-entry permit says .. use your GC for trips less than a year.. i am confused
 
re:

ok, I am officially extended to stay in India temporarily for another 6 months, that would mean a total absence of 12 months - this is an assignment for me to work from my india office paid in US. Now i had a trip in april and i have another trip coming up to US in June and i return back next Feb.

I can apply for my REP in June, however it will be a big hassle for me to take my wife and family along and do the same for them. I think i have to do it.

Has anyone stayed outside for a job for 1 year without a REP? I dont want to have to do this especially because of the hassle and my company is saying again and again that below 1 year you dont need REP.
 
For up to a year, you should technically be fine, but taking proof of your temporary assignment to show the IO at the airport would be helpful.
 
I also believe, that with good reason you can stay up to 1 year outside!


But PLEASE share your experience with immigration when you get back
 
I140helppls said:
Has anyone stayed outside for a job for 1 year without a REP? I dont want to have to do this especially because of the hassle and my company is saying again and again that below 1 year you dont need REP.
Click to expand...
1 year or more, and your GC is no longer valid by itself for entry to the US. Make sure that if you don't get the permit, at least go back to the US once or twice before the 1 year is complete, so that you don't have 1 continuous year outside.
 
You must log in or register to reply here.
Top