Re-ENTRY PERMITS

[b_weeks 6]

I was planning on vacation in January, but because of this I changed my plans to November.

USCIS says a greencard holder can remain outside the US for up to 1 year without requiring a Re-ENTRY Permit to enter the US.

Here is where it hets STICKY....

Customs and Border Protection - They use a rule o thumb at 6 months. After 6 months they can AT WILL consider residency abandoned, confiscate the greencard, and send the greencard holder back to their home country.

I recommend, if your better half is going to be away for 6 months or more, GET A RE-ENTRY PERMIT BEFORE THEY LEAVE THE US. Applying for a RE_ENTRY Permit now requires a BIOMERTRICS APPT. So you must obtain the merit before the greencard holder leaves the US.

I called the Customs and Border Patrol at both CHICAGO O'HARE and J.F.K.

Both told me the same thing. After 6 months, it's THEIR CALL.

[Brother Hesekiel 2,236]

Obviously, you still do not understand the 6-month rule.

[b_weeks 6]

What 6 month rule would that be?

[utst10 0]

Interesting...here is what I found out looking throught the USCIS website.

For LPR, traveling outside the US for more than 1 year will re-quire a re-entry permit else the US consider the travelor has abandon PR.

For travel less than a year (for any amount of time), residency is consider abandon if US deem the travelor does not intend to make the USA his or her permanent home.

Basically, if you didn't pay taxes, don't have a mailing address, family ties to the US (common sense stuff), they may considered that you have abandon your PR.

NOW, for Naturalization, it is required that a PR not be outside the US for trips 6 months or longer before applying for the naturalization process...so if you were married to a US spuose, during the 3 years time limit requirement for naturalization, you can be out of the US for less 6 months at a time and still qualify.

[Brother Hesekiel 2,236]

What 6 month rule would that be?

No matter how short or how long the absence from the U.S. is: the LPR is always required to maintain his residency (different from residence) in the U.S.

The 6-month rule only concerns the burden of proof. Up to an absence to 6 month, the default assumption is that the LPR has maintained residency. At the 6-month rule this assumption reverses, meaning CBP will assume that the LPR has abandoned their residency and thus would require proof to the contrary.

A reentry permit for absences of less than 1 year is as valuable as an expired library card.

[utst10 0]

No matter how short or how long the absence from the U.S. is: the LPR is always required to maintain his residency (different from residence) in the U.S.

The 6-month rule only concerns the burden of proof. Up to an absence to 6 month, the default assumption is that the LPR has maintained residency. At the 6-month rule this assumption reverses, meaning CBP will assume that the LPR has abandoned their residency and thus would require proof to the contrary.

A reentry permit for absences of less than 1 year is as valuable as an expired library card.

I've tried to look for this (6 months rule). Can you tell me where this is stated?

Where is Jim when you need him!!!!

Edited November 9, 2011 by utst10

[ScottThuy 140]

Bob hit the nail on the head... The written policy to get back in the country is 1 year without a waiver required, but CBP takes things a step farther and includes the residency requirement, associated with the greencard, to re-entry... if you are outside of the country for more than half of a 12 month period, does not have to be all at the same trip, then they can get pissy and say you don't act like you want to live here so stay in VN... As Bill said.. getting the re-entry premit ahead of time will address this... If you know its going to be over 6 months,... just do some paperwork ahead of time to avoid the BS with the CBP... This is just another example of a portion of the immigration system taking things a step beyond where they need to...

[Ban Hammer 13,344]

posts removed, member thread banned...