Staying out of country more than 6 months, less than 1 year

[saganna 0]

She went to India on Advanced Parole on April, 2012. She came back to US on August 2012. With in few weeks she got her green-card on August 29th, 2012 (K1-AOS-greencard) .

Here is the deal. She will be leaving to India on Nov 15th, 2012 until September 2012 to be with her teenage daughter helping her to graduate from her High School and send her to the college. Lots of preparation, support, be there to see her heads to the college. Right now her parents taking care of the kid. Her question was, does need to come back in between 1 1/2 months in April, or can she come back in Sep for good to U.S once her daughter settled down in the College? Or does she need to apply for reentry permit? What is the deal?

Please advise us.

Thanks

NV

[C-ma'am 684]

You mean September 2013? Otherwise the time frames don't make sense, I'm afraid.

[Penguin_ie 5,994]

I would go for a re-entry permit. She doesn't technically need one as she'll be out less than a year, but with so little time in the USA after the initial K1 entry, it may give the CBP a reason to let her back in if she has one.

[Gary and Alla 3,694]

She went to India on Advanced Parole on April, 2012. She came back to US on August 2012. With in few weeks she got her green-card on August 29th, 2012 (K1-AOS-greencard) .

Here is the deal. She will be leaving to India on Nov 15th, 2012 until September 2012 to be with her teenage daughter helping her to graduate from her High School and send her to the college. Lots of preparation, support, be there to see her heads to the college. Right now her parents taking care of the kid. Her question was, does need to come back in between 1 1/2 months in April, or can she come back in Sep for good to U.S once her daughter settled down in the College? Or does she need to apply for reentry permit? What is the deal?

Please advise us.

Thanks

NV

She does not need a re-entry permit for less than 12 months out of country. She will need, at minimum, to bring documentation that she has maintained her US residency. Valid drivers license, active bank account, tax returns, official mailings being sent to US address such as car insurance, bank statements, etc. A re-entry permit is optional. Our son completed a Master's degree in Russia while an LPR which without a re-entry permit. so it is NOT necessary.

I SUGGEST that you still bring her back and NOT be absent from the country for more than 6 months at a time since being gone more than that can impact her ability to become a citizen and increase the amount of time she must wait.

With ot without a re-entry permit, she needs to carry proof her residency has been maintained and cannot EVER claim to be a resident of another country for any reason.

[saganna 0]

Coming back Sep 2013.

[saganna 0]

Does she need to apply before she leaves for India on Nov 15th, or can it be applied while she is in India?

[Asia 2,498]

She needs to have it in her hands before she leaves.