study abroad & no re-entry permit?

[so000 0]

Hello everyone,

I am a US permanent resident but I am studying abroad in the UK for 3 years. I had a re-entry permit for 2 years but this will be expiring in January 2013. It will be impossible for me to be in the US long enough to apply for another re-entry permit. Will this be a problem? Or should I not be worried?

I will be graduating (and returning to the US definitively with no plans to travel abroad again in the near future) in July 2013. I will have spent 4 weeks in December 2012 for Christmas vacation. I will also be spending 2 weeks in the US for spring break in March 2013.

Thank you so much in advance!

Edited December 20, 2012 by so000

[hmh33 117]

Sounds like you'll probably be OK. Study abroad is an acceptable reason to be out of the US. Definitely make sure you are in the US this month, in March and also in July. That way all trips away from the US since the expiry of your reentry permit will be shorter than 6 months, which is less likely to cause problems at entry. You might still need to explain to CBP what you are doing. Do you have other evidence of retaining ties to the US, such as filing tax returns, keeping a mailing address, US driver's license etc?

I think it's very unlikely that this will happen to you, but when CBP suspect "abandonment" due to long absences they will sometimes try to intimidate a permanent resident into signing an I-407 and giving up her green card in exchange for being paroled in to the US or admitted under tourist status. If this happens to you, do not give in. You have a right to a hearing in front of a judge to contest the alleged abandonment.

[Jeikun 65]

If you are a permanent resident, and you are going to be in the USA through the holidays, then back again in March, and back for Good in July you should be fine as far as re-entry is concerned, but you will possibly have broken your continual residence requirement for citizenship, and reset that clock - if that bothers you. But less than 6 months out is generally not even questioned. But evidence of any ties in the USA and that you were a student abroad should more than adequately CYA if you are worried.

Edited December 20, 2012 by Jeikun

[so000 0]

If you are a permanent resident, and you are going to be in the USA through the holidays, then back again in March, and back for Good in July you should be fine as far as re-entry is concerned, but you will possibly have broken your continual residence requirement for citizenship, and reset that clock - if that bothers you. But less than 6 months out is generally not even questioned. But evidence of any ties in the USA and that you were a student abroad should more than adequately CYA if you are worried.

Thank you for your reply! I was also in the US in September 2012, so I think I will be fine in terms of the continual residence requirement.

[so000 0]

Sounds like you'll probably be OK. Study abroad is an acceptable reason to be out of the US. Definitely make sure you are in the US this month, in March and also in July. That way all trips away from the US since the expiry of your reentry permit will be shorter than 6 months, which is less likely to cause problems at entry. You might still need to explain to CBP what you are doing. Do you have other evidence of retaining ties to the US, such as filing tax returns, keeping a mailing address, US driver's license etc?

I think it's very unlikely that this will happen to you, but when CBP suspect "abandonment" due to long absences they will sometimes try to intimidate a permanent resident into signing an I-407 and giving up her green card in exchange for being paroled in to the US or admitted under tourist status. If this happens to you, do not give in. You have a right to a hearing in front of a judge to contest the alleged abandonment.

Thank you! Yes I have a bank account and driver's license. I also have kept a mailing address, etc.