My dad died back home and I need to stay longer. Can I???

[carioca 0]

Hi there. I am a 10-year green card holder and I am in Brazil since August due my dad´s ilness - he was diagnosed with cancer in May and passed away this week. It´s my second trip this year:

•1st trip - May/10/2011 - my dad got diagnosed and I came for 1 month.

•2nd trip

- August/5/2011 - treatment didn´t work and I came to spend a little time with him - he passed away this week - I need to stay to help my mom with bureaucratic and emotional issues. It was a terrible loss and our family is very tight but very small so my mom asked me if I could stay for the holidays and go back to the States in the beginning of January/2012.

My concern is that it will be: 1 month (May/2011) + around 5 months (Aug/2011-Jan/2012) = around 6 months.

For what I´ve read here so far I understand that I would be ok if it´s less than 6 months. My questions are: Do they add my 2 trips (1+5 months) because they happened in the same year? Do I need to bring certified docs proving my dad´s illness and death? Do I need to also bring a copy of my rental lease, bank accounts etc with me? Should I go to the US Embassy here and try to explain myself and maybe get some sort of authorization? Should I just tell my mom that staying for the holidays is a bad idea?

We are already suffering so much with the loss, I just want to make a decision and not have to be thinking about all of this. Please help!!

Edited September 16, 2011 by carioca

[msupreme2284 0]

Sorry to hear about your loss. You cannot stay outside of US for more than 1 year but sometimes continuous absence upto 6 months is frowned upon. I will recommend that you file for Reentry permit ASAP. Here's the link: http://www.uscis.gov/USCIS/Resources/B5en.pdf

This will help you to stay out of country for extended period of time.

[Harpa Timsah 13,258]

I am very sorry for your loss. You can stay out of the country for up to a year without needing a reentry permit. Given that you have a very good reason to be gone for a while, I would let all of the GC worries dissolve and save your energy for other things. My condolences, and you'll be fine getting back to the US.

Edited September 16, 2011 by Harpa Timsah

[carioca 0]

Thank you for your advise. So, five months out raises the red flag? Even with all the circunstances? Good to know.. will the re-entry permit change anything on the timing to apply for my citzenship? Or will that be a problem for a quick visit to my mom again in a few months?

[carioca 0]

@Harpa Timsah -

Sorry just saw the second reply to my question now. So, if I don´t need a re-entry permit.. do I bring documentation of my dad´s death and my ties with the US to the POE when I come back? What do you advise that I bring to prove? Much thanks..

[Kiskeya10 0]

Sorry for your loss. IMO, it's better to count your time outside of the country in terms of days instead of month. The law says that you cannot be out of the country for 6 months or 180 days at a time -including the day that you leave the USA. So staying for 5.5 months, if it's not a recurrent theme for you, should not be a problem. At POE, the officer might ask you "what were you doing over there for so long?" (It's part of his job description)You will then tell him that you were taking care of your sick father who unfortunately passed away. That should take care of it; you shouldn't have to prove to anything to him because you won't be over your alloted amount of days (180) for any single trip. Good luck!

[carioca 0]

Thank you very much for your help.

[Harpa Timsah 13,258]

Sorry for your loss. IMO, it's better to count your time outside of the country in terms of days instead of month. The law says that you cannot be out of the country for 6 months or 180 days at a time -including the day that you leave the USA. So staying for 5.5 months, if it's not a recurrent theme for you, should not be a problem. At POE, the officer might ask you "what were you doing over there for so long?" (It's part of his job description)You will then tell him that you were taking care of your sick father who unfortunately passed away. That should take care of it; you shouldn't have to prove to anything to him because you won't be over your alloted amount of days (180) for any single trip. Good luck!

This is incorrect. The law is that a LPR may stay out of the country for up to a year without needing a reentry permit. There is no rule about 180 days or 6 months. Any time out of the US can be considered when determining if LPR abandoned residency, even less than 6 months.

OP - I would bring nothing but your story. This appears to be your first lengthy absence outside of the US, and you have a very good reason for it. I don't think you're pushing the limits at all. But if you want to bring evidence for peace of mind, that's fine too.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Edited September 16, 2011 by Harpa Timsah

[carioca 0]

Thanks for the info. I will bring a couple of things with me just in case, you never know.

[Kiskeya10 0]

You misread my comment; I wasn't suggesting that she would need a re-entry permit at POE. The reason why I told her about the 6 months is because I recently became a USC and I know first-hand that one of the questions on the N-400 precisely asks if one has ever remained out of the US for more than 180 days for a single trip. I did tell her that she'd be just fine coming back a little before the 6 m/o with no other type of documents being required from her. You also pretty much repeated exactly what I told her in the end

[Brit Abroad 166]

Sincere condolences on your loss. I was in a very similar situation last year with my father, although I was on a conditional green card. I had three trips to the UK within a 5 month period and had no problems with CBP upon entry, other than the usual "welcome home" after brief questions as to the purpose of my trip.

As a 10 year card holder, you shouldn't have any problems if your stay outside the US is less than a year, when a re-entry permit is required. CBP are normally pretty understanding about these things when you return, but it would probably be helpful to have a copy of the death certificate to verify the reason for your absence. The only thing it may affect is qualifying residency for citizenship if you are under the 3 years LPR status and qualifying by marriage option, but (if you're anything like me) that probably doesn't matter to you so much as helping your family and being able to grieve together.

[Dana-Mića 51]

my condolences for your loss..Most people are correct as long as you do not exceed a year you should be fine.

[charlize56 4]

sorry for your loss,i know how you feel,my father died 3 years ago and it was so painful to me.

[carioca 0]

Sincere condolences on your loss. I was in a very similar situation last year with my father, although I was on a conditional green card. I had three trips to the UK within a 5 month period and had no problems with CBP upon entry, other than the usual "welcome home" after brief questions as to the purpose of my trip.

As a 10 year card holder, you shouldn't have any problems if your stay outside the US is less than a year, when a re-entry permit is required. CBP are normally pretty understanding about these things when you return, but it would probably be helpful to have a copy of the death certificate to verify the reason for your absence. The only thing it may affect is qualifying residency for citizenship if you are under the 3 years LPR status and qualifying by marriage option, but (if you're anything like me) that probably doesn't matter to you so much as helping your family and being able to grieve together.

Thank you, it was very helpful. First priority is definitely helping my family and grieve together - but since my plan is to stay here for a total of 5 months, after all I read here, it shouldn´t be a problem for citzenship, right?

PS: If I want to bring my dad´s death certificate to show at POE just in case.. should I have it professionaly translated and certified?

THANKS!!

[mounir412 101]

all my condolences for your loss carioca