LPR outside US for more than 6 mos less than 365 days

[hidayat01 0]

My husband and I both work and live in the UAE. I am a US citizen and he is a Pakistan citizen. We have two US citizen toddlers. We applied for my husband's immigration visa and greencard and got that in 2009. He entered the US in July 2009. We had the intention of settling in the US permanently when we travelled to the US last summer, but we could not make the move then (personal and financial reasons), and he left the US on July 25 2009. Our intention is to make our permanent relocation to the US this July 2010, less than 365 days since my husband left the US. We didn't apply for a special re-entry permit for him to return to the US because we knew that he could be gone for up to 365 days without that, and one must apply for it from the US...we thought we wouldn't need it. We have taken steps to ensure that an immigration airport officer at the airport does not determine that my husband has abandoned his LPR (Green Card) status. He has filed US taxes as a resident (although it was 1040 and 2555EZ as his income was all earned abroad during 2009 and was tax exempt). The only proof of his filing that we have are his personal copies of what he sent to the IRS.

He also has a US bank account and a credit card, and we will carry bank statements to prove this.

We will both be leaving our UAE jobs and completely moving from the UAE, I will have receipts showing that we are shipping a carton to our US address (my parents' house, which will be our residence until my husband finds a job). We will be travelling on one way tickets with 2 small children in tow.

For those of you who have Green Cards but have been abroad for longer than 6 months, what was it like when you re-entered the US? What other tangible documents should we bring to show proof that my husband intends to permanently stay in the US and did not abandon his LPR status? Anything we should be sure to say or not to say?

I am so terrified that some capricious immigration officer will randomly give us a hard time. It would be a nightmare if for some reason my husband would be mistakenly determined as having abandoned his status.

Thanks for your help.

Edited March 23, 2010 by hidayat01

[JimVaPhuong 4,863]

Obviously, you already know the basic facts about this. The CBP is allowed to presume that he abandoned his residency if he's gone more than 6 months. The four points they consider are:

1. Intent on departure from the US

2. Whether travel has a specific purpose, and a specific ending date

3. Whether the LPR paid taxes while abroad

4. Ties to the US (residence, bank accounts, etc.)

In your case, 1 and 2 may be related. If he knew his absence was going to be temporary, and for a specific purpose and length of time, then he would have known he was going to be gone for more than 6 months and should have obtained a reentry permit. It sounds like you've got item 3 covered. Item 4 sounds like it's partially covered. Returning to stay with your parents is not the same thing as maintaining a residence, even if you were living with your parents before you left. CBP could conclude you abandoned your residence when you left, and are reestablishing it on your return. If you had evidence you were paying rent, and continued to pay rent while you were gone, your case would be a lot tighter.

Unfortunately, nobody can guarantee what the CBP is going to do in a case like this. Try to come up with as much evidence as you can that you knew the departure would be temporary when you left, and that your actions before and during the absence were consistent with the presumption that you would be returning. Have a good excuse ready for not having obtained a reentry permit before leaving.

Good luck!

[sachinky 465]

Determination of status and reentering the U.S. is at the sole discretion of the CBP officer at POE.

Good luck.

[hidayat01 0]

@Jim va Phuong

We didn't know how long we would be gone when we left, although we honestly left temporarily with full intent to return. I am a school teacher and the only reason we are staying until the end of June/early July is so that I can complete the academic year at my job. I thought before that we might be able to leave in late Dec. at mid-semester, but my employer asked me to stay on and complete the school year. Once again, I knew this would still put us out of the US for less than 365 days. My husband is the LPR, and could have gone back without us within the 6 mos period, but that would have entailed breaking up our family and leaving me alone with two small children. If need be, I will explain all of this to the officer, and I am bringing my employment certificate to show.

I hope it goes well.

Cam on nhieu for your input :-)

Edited March 24, 2010 by hidayat01

[JimVaPhuong 4,863]

@Jim va Phuong

We didn't know how long we would be gone when we left, although we honestly left temporarily with full intent to return. I am a school teacher and the only reason we are staying until the end of June/early July is so that I can complete the academic year at my job. I thought before that we might be able to leave in late Dec. at mid-semester, but my employer asked me to stay on and complete the school year. Once again, I knew this would still put us out of the US for less than 365 days. My husband is the LPR, and could have gone back without us within the 6 mos period, but that would have entailed breaking up our family and leaving me alone with two small children. If need be, I will explain all of this to the officer, and I am bringing my employment certificate to show.

I hope it goes well.

Cam on nhieu for your input :-)

Even better! Show that you had planned to return within 6 months, but that circumstances arose that required you to be gone longer. Does the employment certificate explain that your employer asked you to finish out the school year AFTER you arrived? If not, would they be willing to write you a letter that explains this? This would sufficiently cover the reason for not getting a reentry permit.

Also, be sure you have something that shows you continued to maintain a residence in the US while you were gone.

[hidayat01 0]

Yes hopefully they will provide such documentation for me and it will be acceptable.

Even better! Show that you had planned to return within 6 months, but that circumstances arose that required you to be gone longer. Does the employment certificate explain that your employer asked you to finish out the school year AFTER you arrived? If not, would they be willing to write you a letter that explains this? This would sufficiently cover the reason for not getting a reentry permit.

Also, be sure you have something that shows you continued to maintain a residence in the US while you were gone.