Out of US for 9 months 10 days

[megansh 1]

Hello All,

I have my Permanent Residency - Green card and am married to a US Citizen.

I had to leave the US at the end of June, 2012 due to illness within the family.

I now wish to return to the US in early April 2013 (next month), and would have been out of the US for just under 10 months.

Note: I did not apply for the waiver at the time of leaving, as I a) didnt have the time as I had to return home quickly b) didnt know about the waiver until I left the US.

I lived at home with my parents whilst I was in my home country, and also took on a part time job in my home country from Nov till present to support myself.

My question is, will I have any issues at immigration in LAX (point of entry) in the US when I return? I have maintained my bank account, filed taxes, kept my mailing address and a valid US drivers license etc. I'm not sure how to present this as evidence?

I have the read the USCIS website, and it says:

"Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence"

Any help would be appreciated - Thank you in advance.

[megansh 1]

Forgot to mention that I have had my PR since March 2009 and havent had other extended trips pitside the US.

[Penguin_ie 5,993]

You will probably be ok as it's your first longer trip abroad and you ahve clear ties to the US- be sure to have those ready in case they ask.

[megansh 1]

You will probably be ok as it's your first longer trip abroad and you ahve clear ties to the US- be sure to have those ready in case they ask.

Thank you for your response!!! Just finished taxes for 2012, so will get a copy ready (with prior years) and the other doco's and hopefully I wont have an issue!

[mandixon 9]

Thank you for your response!!! Just finished taxes for 2012, so will get a copy ready (with prior years) and the other doco's and hopefully I wont have an issue!

I stayed abroad for more than 10 months twice. The first time I entered the US with no issues. The second time I didnt have my GC and the GC stamp in my passport had already expired by the time I wanted to return. I had to apply for a letter of transportation at the consulate in my home country...they only verified my letter at JFK and asked a few questions about my absence. I wasnt asked to present any evidence though. I was away accompanying my USC spouse who was conducting a Phd research abroad. I also took employment overseas!

I just applied to become a US citizen. Those long travels are haunting me now...I asked two lawyers about the chances of being approved with this kind of past and they both said that I need strong evidence of the ties to USA and they dont think that my GC will revoked as the intent to come back to the US is there and I moved back to the US around two years ago and my wife and son are here now. I might have to stand before an immigration judge to defend my right to keep my GC...we will see!

I think you should be fine! As long as it is under a year, you will be allowed to enter. There are stories of people who were allowed to enter even after staying abroad over a year with no re-entry permit. Your travel history will be scrutinized when you apply for citizenship though.

Good luck!

[Brother Hesekiel 2,236]

Just don't tell CBP that you worked in Aussieland.

I simple assume that in order to work there, you would have to be a resident, yet if you "re-establish" residency in your home country, you automatically abandon the residency in the country you are a permanent resident of: the United States of America. So keep that to yourself.

[megansh 1]

@mandixon - thank you for your information and response. Glad you had an effortless first time and good luck with your citizenship pursuits. I feel I'm going to have some issues as well now

@Brother Hesekiel - thank you for your response as well. Good assumption as you assumed, I did take my "residency" here is aussieland (im an aussie citizen) back for taxation purposes when I took my part time job, but being that our tax period/financial year is from july 1st 2012 - june 30th 2013 - i can still say as we lodge our taxes from 1st July, for taxation purposes, that I was a non-resident during this time and will just be taxed at a much higher percentage (like 39 cents in the dollar). Honestly, i didnt even think about my residency here and the impact it would have on my US residency

I shall not mention that I worked if asked and say that either my parents supported me, and that I have existing money in Australia (which I do) to support myself. Do you know if they would check my status in Australia or would ever check my status? Do they have a system or functionality to do this?

Also, being that I have been out of the country for this period of time + the fact that I worked here in Australia, will make it difficult to obtain citizenship? What are your thoughts on that? Would I have to wait a certain period of times/years until I could apply for it? I see 3 years for being married, and 5 years for other, but those are based on not being out of the country for more than 6 months at a time.

Many thanks in advance.

[hmh33 117]

Do not ever lie to CBP. Don't volunteer that you worked, but if directly asked, you must tell the truth.

[Brother Hesekiel 2,236]

I shall not mention that I worked if asked and say that either my parents supported me, and that I have existing money in Australia (which I do) to support myself. Do you know if they would check my status in Australia or would ever check my status? Do they have a system or functionality to do this?

Also, being that I have been out of the country for this period of time + the fact that I worked here in Australia, will make it difficult to obtain citizenship? What are your thoughts on that? Would I have to wait a certain period of times/years until I could apply for it? I see 3 years for being married, and 5 years for other, but those are based on not being out of the country for more than 6 months at a time.

Neither CBP nor USCIS will check your status in Australia. See, this issue comes up mostly in regard to Canada, for obvious reasons, and Canada and the US share residency information openly and freely. Not so the Aussies. Uncle Sam will never know unless you open your mouth and start talking about it. Don't.

You are mistaken with the 6-months thingi.

At the 6-months mark, your residency clock stops. It starts ticking again once you return. At the 6-months mark you would also have to prove that you did not abandon your residency. If you have proof that you didn't, it will not prevent you to become a US citizen after only 3 years of residency. Don't tell anybody what they don't need to know.

[megansh 1]

@hmh33- Thank you for your reply. I definitely wont be volunteering any information.

@Brother Hesekiel - Thank you for your reply and explaining the 6 month mark clearly for me. I think I have read it so many times, I confused myself and made up my own interpretation!

I have proof (hope I have enough) that I it was my intention to come back to the US / maintain my residency. I have filed taxes for 2012 jointly with my husband, maintained a mailing address (with husband still there), joint bank accounts, car insurance, rental insurance and I'm still on the lease for the apartment (although its only month to month for the past 12 months as we rent from our landlady who lives in the same condo complex and for the first year, we had a year lease). I resigned from my job in the US at the end of May 2012, before coming back to Australia at the end of June 2012. I will seek out employment once I return to the US in a few weeks. Any other suggestions for proof? I was still getting mail to my US address, but think my husband has tossed most of it into the trash (magazine subscriptions and the like).

Thanks again - love this forum, you are all so helpful and thorough with your answers!

Megan (aka, keeping my mouth shut!)

[megansh 1]

Hi Everyone,

Thought I would update this post and let you know the following (thanks again for your help).

I just returned to the US after 9 months and 28 days outside. I came prepared with my Tax filings since I became a PR (2009-present, including the one that I just filed for last year - 2012), rental lease agreement, car insurance, rental insurance, US bank account & Credit Card details, Social Security Card & current Drivers License and current address.

I landed in LAX and the CBP officer only had 4 questions:

1. How was I today? - I said Good.

2. My final destination? (Colorado)- I said it was snowing in Colorado and I should have worn better footware (I was in flip flops) - the CBP officer laughed.

3. If I had returned to Australia (my home country) for vacation? - I said yes.

4. If my surname on my passport was my maiden name - I said yes. I asked if he wanted to see my marriage certificate to verify my married name/greencard and he said no.

He made no mention of the time I had spent out of the US (I was nervous about this) or anything else. He took my fingerprints, photo and I was through in under 10 mins including waiting in line.

I didn't have to show him any of my documentation and I barely said a word, apart from the bolded words above.

Thanks again to everyone for their help - much appreciated

[mandixon 9]

Hi Everyone,

Thought I would update this post and let you know the following (thanks again for your help).

I just returned to the US after 9 months and 28 days outside. I came prepared with my Tax filings since I became a PR (2009-present, including the one that I just filed for last year - 2012), rental lease agreement, car insurance, rental insurance, US bank account & Credit Card details, Social Security Card & current Drivers License and current address.

I landed in LAX and the CBP officer only had 4 questions:

1. How was I today? - I said Good.

2. My final destination? (Colorado)- I said it was snowing in Colorado and I should have worn better footware (I was in flip flops) - the CBP officer laughed.

3. If I had returned to Australia (my home country) for vacation? - I said yes.

4. If my surname on my passport was my maiden name - I said yes. I asked if he wanted to see my marriage certificate to verify my married name/greencard and he said no.

He made no mention of the time I had spent out of the US (I was nervous about this) or anything else. He took my fingerprints, photo and I was through in under 10 mins including waiting in line.

I didn't have to show him any of my documentation and I barely said a word, apart from the bolded words above.

Thanks again to everyone for their help - much appreciated

Welcome come back! It is so similar to my experiences after coming back here from over 6 month trips. It is when you apply for citizenship that the situation gets tricky.

Glad you entered without any delay!