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susie91

Re-entry permit for GC holder

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Filed: Timeline

Hi everybody,

I am the step daughter of a US citizen and successfully recieved a visa for permanent residence in november 2012. I was suppose to fly to the US in december 2012 to live there permanently with my family but had to delay my flights due to family matters here in australlia. I am now leaving in about 2 weeks to finally move to the US. I only have one problem, my grandmother here in AUS depends on me a fair bit and is quite unwell, doesnt look like she has long left and as much as i want to live in the US, I also want to be here in AUS for her. I have some sort of plan in my head to make this work and some advice and information from you guys would be great!

I plan on living in the US with my mum, step dad, brother and sister until august ( 4-5 months ) during this time I will get my social security no, drivers license, bank account and any other ties that I can make to the US. I also want to apply for a reentry permit before I leave in august as im not sure how long I will be gone for, could be up to 2 years. I have no intention of abandoning my residency in the US but family comes first.

I have a few questions:

1. Do i need to prove and explain my circumstances to get a re entry permit?

2. How long is the process to get a re entry permit, will 4 - 5 months be long enough? And what does the process involve?

3. How long does it take to get a social security no?

4. Will my family ties and economic ties to the US be enough to prove i have no intention of abandoning my status?

5. Can I extend or apply for another re entry permit if i need to stay out of the US more than two years?

6. Can I leave the US before I recieve my actual greencard in the mail?

7. Does that 4 - 5 months of living in the US go towards my 5 years for citizenship?

8. This question is to do with my visa, once arriving in the US what then happens? Do i have another interview?

Answers to these questions would be appreciated :-)

Please note: I understand that I should not spend more than 6 months outside the US without a re entry permit and even a stay shorter than 6 months can be questioned.

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Filed: Other Country: Brazil
Timeline

1-yes

2-it will take 4/5months

4-you have to submit proof showing why you need to stay abroad for more than 1 year. You must prove that you don't t intent to abandon your Legal Permanent Residence. Having in the USA close family members is a a significant factor in establishing ties to the United States.

5-reentry permit cannot be extended, if your permit expires, you will need to apply for a new one. You cannot file I-131 outside the Country

6-wait to leave the Country with green card and reentry permit.The permit is valid for 2 years, it does not mean that staying away for 2 years is a good idea at all.

7-if you leave the United States for 1 year or more, you have disrupted your continuous residence, even if you have a Re-entry Permit.The last 364 days you were out of the United States count toward your time as a Permanent Resident in “continuous residence,” but the 4/5months you lived in the USA before leaving do not. Immigration Law states: "If you were outside the United States for 1 year or longer none of the time you were in the United States before you left the country counts toward your time in continuous residence"

8-I assume you are coming to USA with a CR2 visa right? After you enter the United States (10/25 days) you will receive your green card. You won't attend interview in the USA,because you will attend interview abroad.

Do not forget to file form I-751 within the 90 days just preceding the expiration date on your permanent residence card.

Edited by sandranj
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