How long can you stay out of US as a GC holder

[microcse1 1]

All,

thank you for this forum that allow us to clarify the issues that we are going through during the immigration process.

here is the deal, as a US citizen I filed for my wife to join me two years ago, she joined me last year and spent a year in

the US. due to family circumstances (family member was sick and need someone to help )she has to go back home. as of today

it is 8 months out of the states, i m just wondering if she is going to have any problem with the custom agent when she comes back.

if someone had experience this situation please feel free to shed some light .

thank you in Advance,

cheers

[Jojo92122 1,924]

It shouldn't be a problem. She may be asked to show she has not abandoned her LPR status by showing ties to the US. She can demonstrate this by showing she has a US citizen husband who stayed in the US while she temporarily left the US to take care of a sick family member.

[Deputy Purple 1,294]

As long as she can return before she's been out for a year she should be fine. Don't be surprised if she is questioned about the length of her "absence".

Over 1 year and she'll have a difficult (at best) time getting back in, they might parole her into the US if she signs a document (which she should never sign) abandoning her Greencard.

If she can't make it back before 1 year then she can apply for a SB-1 (Returning Resident Visa) at the local US Embassy.

[microcse1 1]

thank you guys for your response I really appreciate it. i just want to make sure that she won t have a problem

when she get back, the custom agents in Boston are very tough.

is there something that I can provide her or she can get with her as prove that she did not abandoned LPR Status?

such as Tax return, medical statement from the doctor her bank statement.

thank you

[Deputy Purple 1,294]

How about proof that she retained a residence in the US while she was out.

[microcse1 1]

How about proof that she retained a residence in the US while she was out.

Hey Bob,

can you clarify more? an example will do the trick . :-)

LoL.

if you guys in Boston Area, I will buy you a drink.

cheers

[Deputy Purple 1,294]

If they rent, then a lease with her name on it. If they own and she's on the lease or mortgage that would do. If any of the bills are in her name or she received any mail at their US address that would be good proof also.

[microcse1 1]

you guys just made my life easier, I owe you one.

thanks a million.

[rika60607 215]

Get a note from the doctor about the condition of that sick family member. Make sure she comes back before 1 year of absence, too.

[JeffandTania 0]

Hello VJ's members!

Does anybody know - how does the immigration officer at POE know how long the green card holder (GC for 2 years) was out of US. Do they have any records? Does anybody have experience about staying out of US longer than 6 months, does anybody have any problems at POE? I was out of US for 10 months because of family problems. And I worry if I can prove that I was out of US not longer than 1 year. Do they have any records? I know that I could be out of US without any problem not longer than 6 months and I would have to file re-entry permit if I stay longer than 1 year. The question is if Immigration officer has any records proving that I was not longer than 1 year. Thank you.

[JimVaPhuong 4,863]

Hello VJ's members!

Does anybody know - how does the immigration officer at POE know how long the green card holder (GC for 2 years) was out of US. Do they have any records? Does anybody have experience about staying out of US longer than 6 months, does anybody have any problems at POE? I was out of US for 10 months because of family problems. And I worry if I can prove that I was out of US not longer than 1 year. Do they have any records? I know that I could be out of US without any problem not longer than 6 months and I would have to file re-entry permit if I stay longer than 1 year. The question is if Immigration officer has any records proving that I was not longer than 1 year. Thank you.

All commercial carriers report their passenger manifests to DHS for all inbound and outbound service. For US citizens they report the passport number. For LPR's they report the A#. For non-immigrant visitors they report the passport info and collect the I-94's. If you leave the US by land, private vessel, or private plane then they might not know when you left, and they could ask for proof when you return that you weren't gone for more than a year.

In other words, they might not know for certain when you left, but if they challenge you then the burden of proof is on you. There was a VJ member not long ago who left the US temporarily while his AOS application was pending, figuring he could still use his B2 visa to get back into the US. He didn't turn in his I-94. When he went to his AOS interview he was denied because he'd left the US, effectively abandoning his AOS application. They not only knew he left, they knew the date he left and the date he returned. There was another VJ member whose AOS was denied because USCIS thought he'd left the US while his AOS was pending. Turns out he'd bought a round-trip ticket when he came to the US, and never canceled the return flight. The airline sold the seat to a standby passenger, but never changed their passenger manifest so DHS recorded his exit.

The bottom line is that they do record your exit, even though you don't pass through immigration on your way out of the US.