Coming home on an IR1 visa

[andye 0]

After a resonably easy DCF experience in London, I was issued with an IR1 visa in June 2006 and it is my intention to travel to the US for Thanksgiving with my wife.

Now, whilst the intention was (and still is) to settle in the US, my British employer has asked me if i could return in early December and work for about another few months whilst the business is sold.

I am assuming the IR1 gives me the right to travel freely across borders so I can come and go as I please - I don't need an alien travel permit - but what is the attitude of the US IND to this? Do I have to spend any set length of time in the US before I can return? Is there a maximum length of time I can be out of the US in a year and am I likely to be hassled when I return?

Any help would be geatfully received and help to relieve my already harassed wife who is currently filling shipping boxes with books and worrying about the effect a transatlantic flight will have on our somewhat overweight and neurotic cat!

Thanks a bunch

Andrew

[aussiewench 9]

You shouldn't have any problems for a period of a few months.

Maintaining Permanent Residence

You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

*Move to another country intending to live there permanently.

*Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

*Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

*Fail to file income tax returns while living outside of the US for any period.

*Declare yourself a “nonimmigrant” on your tax returns.

http://www.uscis.gov/graphics/howdoi/PermRes.htm

[simple_male 1]

After a resonably easy DCF experience in London, I was issued with an IR1 visa in June 2006 and it is my intention to travel to the US for Thanksgiving with my wife.

Now, whilst the intention was (and still is) to settle in the US, my British employer has asked me if i could return in early December and work for about another few months whilst the business is sold.

I am assuming the IR1 gives me the right to travel freely across borders so I can come and go as I please - I don't need an alien travel permit - but what is the attitude of the US IND to this? Do I have to spend any set length of time in the US before I can return? Is there a maximum length of time I can be out of the US in a year and am I likely to be hassled when I return?

Any help would be geatfully received and help to relieve my already harassed wife who is currently filling shipping boxes with books and worrying about the effect a transatlantic flight will have on our somewhat overweight and neurotic cat!

Thanks a bunch

Andrew

I think, the general rule of thumb is, you should stay in the US for at least 6 months in a year, after you become a permanent resident.

[Yodrak 7]

Andrew,

Your IR-1 visa is a 1-entry visa, use it once and it's done. However, on making that 1 entry you will become a Permanent Resident and will no longer need a visa to re-enter the USA following future travels abroad. So you are correct that you will be pretty much able to come and go as you please as long as you establish your primary residence in the USA on that first visit and take actions showing that you are maintaining your primary residence in the USA during your subsequent trips abroad.

You can lose PR status by being out of the USA for more than 1 year without having obtained a Re-entry Permit, but the reverse is not true - you cannot necessarily visit for a day or two a year and expect that's sufficient to retain status.

Look for a page on the USCIS web site that deals with maintaining PR status.

Yodrak

After a resonably easy DCF experience in London, I was issued with an IR1 visa in June 2006 and it is my intention to travel to the US for Thanksgiving with my wife.

Now, whilst the intention was (and still is) to settle in the US, my British employer has asked me if i could return in early December and work for about another few months whilst the business is sold.

I am assuming the IR1 gives me the right to travel freely across borders so I can come and go as I please - I don't need an alien travel permit - but what is the attitude of the US IND to this? Do I have to spend any set length of time in the US before I can return? Is there a maximum length of time I can be out of the US in a year and am I likely to be hassled when I return?

Any help would be geatfully received and help to relieve my already harassed wife who is currently filling shipping boxes with books and worrying about the effect a transatlantic flight will have on our somewhat overweight and neurotic cat!

Thanks a bunch

Andrew

simple_male,

A dangerous point of view. While it's true that spending sufficient time out of the country is a factor that can alone cost one their PR status, the reverse is not true - there is no sufficient amount of time spent in the country that will assure retention of status. Other factors can come into play that should not be ignored by counting on time alone.

Yodrak

I think, the general rule of thumb is, you should stay in the US for at least 6 months in a year, after you become a permanent resident.

Edited September 14, 2006 by Yodrak