Excuse my persistence, but my question stands: suppose I come back now an file return permit. Do you think there is any issue then with staying out for another year? I will probably spend a few (2-3) months in the country, which is probably enough to get it. Many thanks to all responding.
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What does it mean to be out of the country for 1 year?
- Thread starter snetesin
- Start date
TheRealCanadian
Volunteer Moderator
In the rules for return permit is clearly says: if you are absent less then a year continuously DO NOT file for return permit: GC is all you need.
That is true, but the law also does not set a minimum requirement for the abandonment of continuous or permanent residence. The six month/twelve month figures are merely intervals where abandonment may be inferred by the length of absence alone. One can abandon one's US residence even if one is only absent a month.
This is also exactly what the lawyer told me (a year ago). The company (US university!) sends you to another country for a year (nothing wrong with that), but due to the nature of your work, you need to come back avery few months anyways. So there is no need to file for permit, he said.
The lawyer has correctly interpreted the law, but what he hasn't said is that it still places the burden on you to convince the folks at the POE that this is the case. The re-entry permit is nice in that it's a piece of paper that proves that you have already convinced someone at USCIS with evidence of your temporary absence.
I understand: there is a written rule, but then there is also its interpretation by government officials. However, it reminds me a lot of my original country where all laws are intentionally vaguely written... Oh, well...
Vagueness can work both ways. Many folks don't appreciate this enough.
That is true, but the law also does not set a minimum requirement for the abandonment of continuous or permanent residence. The six month/twelve month figures are merely intervals where abandonment may be inferred by the length of absence alone. One can abandon one's US residence even if one is only absent a month.
And how can the Immigration Officer prove that someone has abandoned LPR just for a one-month absence?? Do we have to carry around pieces of paper to prove our every movement?? I don't agree with that, and life doesn't work that way.
And how can the Immigration Officer prove that someone has abandoned LPR just for a one-month absence?? Do we have to carry around pieces of paper to prove our every movement?? I don't agree with that, and life doesn't work that way.
It's sad but it's true.
I don't like U.S. laws, beucase they can be interpreted sometimes very differently. And if you meet hard high authority like CBP they can give you a very hard time maybe just because they don't feel good today!
We don't have to agree with that but that all we can do. I'm afraid until citizenship we have to play their game.
Stay in the U.S. and don't travel at all. Don't break any law. Pay taxes. That the safest way ...
Jackolantern
Registered Users (C)
They won't conclude that you've abandoned your LPR solely based on a one-month absence. But that one month trip can be combined with other facts to make the conclusion of abandonment of residence (for example, you accepted PR status in another country during that one month trip, or the one-month trip is part of a string of 16 months of back-to-back trips).And how can the Immigration Officer prove that someone has abandoned LPR just for a one-month absence??
The 6 month rule (for naturalization) and the 1-year rule (for using your GC at the port of entry) are not the entire picture. What those rules mean is that if you have a trip that exceeds the applicable limit, they don't need to find any other facts to deny your naturalization or take away your green card. In the event that your trip exceeds those limits, the burden is on you to show other facts to convince them to approve your naturalization or preserve your green card.
Jackolantern
Registered Users (C)
Yes, but there is no written rule that says keeping each trip under 6 months or under 1 year guarantees that you're safe. The written rule only says that exceeding those limits puts you in trouble.I understand: there is a written rule, but then there is also its interpretation by government officials.
Vague laws mean more money for lawyers to argue over them in court. And guess who writes the laws? Mostly lawyers. Most of the House and Senate had backgrounds as lawyers before they entered politics. As long as lawyers write the laws, the laws will continue to be vague.However, it reminds me a lot of my original country where all laws are intentionally vaguely written... Oh, well...
Mostly lawyers. Most of the House and Senate had backgrounds as lawyers before they entered politics. As long as lawyers write the laws, the laws will continue to be vague.
That's why layman immigrants-then-became-citizens should become politicians, so they can clean up the dreadful lawyers' influence and simplify the whole govt. apparatus.
Mozzer