Re-enterying the USA will I have trouble?

[felipe2121 0]

I have been in Europe taking care of my mother who is dieing of cancer, she doesnt have anyone else but me. I left the USA for about six months and then re-entered in december, I stayed for a week, I then returned to Europe and stayed for another 4 months I am about to return back home. My current income is a business that I own in nevada and I have filed my taxes as a resident and payed them on time. I have medical paperwork that says that my mom is suffering of cancer. I am also still married and have a wife back in the usa that has visited me on several occasions and resides at my residence in Nevada.

I know the law says that you have to be continuously out of the country for 12months which I haven't, so what can I expect when I come back? Should I avoid re-entering through a airport and cross instead at a busy crossing such as Tijuana or will it make no difference.

Any input is greatly appreciated.

Thank you

Edited April 3, 2011 by felipe2121

[Kathryn41 3,205]

You should be alright. If you are questioned, you have your documentation that explains you have maintained all of your residential ties with the US including your business, and your family and that the only reason for your extended time away from the US is because your mother is dying of cancer and she has no one else who can look after her.

Don't try to find an 'easy' way to enter the country - use your usual route because you have nothing to hide, and immigration will be just as vigilant at a land border as at an airport crossing. Just be prepared to show you have maintained your ties in the US, and that this situation is not a permanent one nor one you planned on happening, rather it is a difficult necessity at this time that has nothing to do with your intentions of maintaining permanent resident ties with the US.

Good luck, and I am sorry about your mother.

[Penguin_ie 5,996]

Won;t make much of a difference. You may well be ok, they may waive you through with a warning not to leave the country again for a while. Do bring along the medical paperwork, and also proof of having maintained US residency (business papers, taxes, any bills you pay, lease to home etc), but don;'t show them unless they start asking a lot of questions.