9 months outside the USA. Ready to come back. Am I in trouble?

[chipsahoy 3]

So I am super ready to go back to USA now after a 9month long vacation.

My inquiry are: First, am I going to have problems entering the USA again after the long absense? I am a 2yr GC holder which will expire July 2010. The reason I stayed out of the USA this long is because 1. My husband was deployed in Iraq and we decided for me to just to stay at my home country because: 2. I was pregnant also by then. Unfortunately, I had miscarriage.

Second, am I allowed to bring lots of good, ei: lotions, soaps, etc.? Like a box of them, on my lugagge?

Thanks in advance.

- JA

[Old Dominion 26]

You are OK as far as returning to your official "home." However, whatever you bring with you will be subject to customs fees if they exceed the allowed value.

[DouglasFiel 53]

So I am super ready to go back to USA now after a 9month long vacation.

My inquiry are: First, am I going to have problems entering the USA again after the long absense? I am a 2yr GC holder which will expire July 2010. The reason I stayed out of the USA this long is because 1. My husband was deployed in Iraq and we decided for me to just to stay at my home country because: 2. I was pregnant also by then. Unfortunately, I had miscarriage.

Second, am I allowed to bring lots of good, ei: lotions, soaps, etc.? Like a box of them, on my lugagge?

Thanks in advance.

- JA

Might double check,, but, I think you are allowed to be out of the country for 1 year before you are considered abandoning your status.

This may have changed since I have seen this... As far as luggage,,, feel free to bring those items in any quantity. And foods, plants, seeds

need to be prepared or preserved.

Regards,

[DouglasFiel 53]

I seen this might want to validate...

+++

Who is a legal permanent resident?

Section 101(a) (20) of the Immigration and Nationality (INA) states that

The term “lawfully admitted for permanent residence” means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.

Further Section 101((a)(27)(A) states “An immigrant , lawfully admitted for permanent residence, who is returning from a temporary visit abroad:”

The above describes who is a legal permanent resident (LPR), while the implementing rules embodied in the Code of Federal Regulations (CFR) state how long is temporary visit abroad in order that an LPR be admitted to an unrelinquished lawful permanent residence upon return. 8 CFR Section 211.1(a)(2) and paraphrased thus:

Each arriving alien applying for admission into the United States for lawful permanent residence, or as a lawful permanent resident returning to an unrelinquished lawful permanent residence in the United States, shall present … A valid unexpired Form I-551, Permanent Resident Card, if seeking readmission after a temporary absence of less than 1 year.

So temporary absence according to the above rule is construed as less than 1 year in order that an LPR will not be considered to have abandoned his/her residency. This means an LPR can leave the U.S. and stay outside the U.S. for less than 1 year and can still return provided s/he carries the unexpired Form I-551 as a Legal Permanent Resident.

What is the difference between abandonment and disruption?

It is relevant to distinguish abandonment from disruption. Abandonment appears to be absence in the U.S. for 1 year or longer which results in the termination of the Legal Permanent Resident status. That means you lose your greencard status. That means you can no longer return to the U.S. as an LPR. Although there are exceptions or waivers that can be applied it is not the subject of this article.

Disruption on the other hand according to 8 CFR Section 316.5©(1)(i) “For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under Section 316.2(a)(3) and (a)(6) of this part shall disrupt the continuity of such residence.

[Kathryn41 3,205]

I think the circumstances of your husband being deployed for that time and you going home to visit family so you wouldn't be all alone makes a lot of sense. Be sure to offer that information as well, including that now your husband is returning home from deployment you are rejoining him. It provides a good reason for the length of your visit. Good luck.

Edited July 26, 2009 by Kathryn41

[-mitch- 3]

me and my son stayed for almost 11months outside of US. i didnt had any re-entry permit for both me and my son in coming back but we made it through! they questioned me though... i just told them that my purpose for the long stay was i was trying to finish school.... they stamped "STAYED OUTSIDE 11 MONTHS" on my son's passport... and that was it....

i consider it a blessing!!!

hopin your trip in coming will be as just fine as what we had!! GoD bless!

[moonhunt 1]

So I am super ready to go back to USA now after a 9month long vacation.

My inquiry are: First, am I going to have problems entering the USA again after the long absense? I am a 2yr GC holder which will expire July 2010. The reason I stayed out of the USA this long is because 1. My husband was deployed in Iraq and we decided for me to just to stay at my home country because: 2. I was pregnant also by then. Unfortunately, I had miscarriage.

Second, am I allowed to bring lots of good, ei: lotions, soaps, etc.? Like a box of them, on my lugagge?

Thanks in advance.

- JA

It depends on USCIS CBP officer at PoE.

According to the law, it may be o.k. up to 1 years absent from U.S.

But if USCIS CBP officer suspect that you are not living in the U.S. for residence purpose, they can kick you out.

It is solely discretion of USCIS CBP officer.

So if I were you, I would prepare for all documentation including your husband deployment order and letter from your husband to allow you for staying with your family.

For customs declaration, it is subject to US Customs regulation.

So if it is normal use for tourist, it shouldn't be a big problem.

But the amount of luggage will also be subjective per airline.

If you carry too much, airline may charge excess luggage fee based on the weight, and the number of luggage.

Also, it may raise the red flag for US customs to inspect your luggage more thorough.