traveling outside the states

[thaigift 0]

My wife received her two year Green Card on May 8th of 2012 and worked for six months before we left for South America on January 17th of 2013. We have been traveling for the last 5 months in South America and will be returning to the United States on June 25th. My wife will then be going to Thailand to visit her family on July 7th and will be returning to the United States on September 5th.

I have a few questions:

Even though she already has her Green Card, does she need to get a re-entry permit?

Can they send her back to Thailand because she will be leaving the United States twice for extended amounts of time? (one trip for 5 months and one for 2 months)

Any opinions or feedback would be gratefully appreciated. Since we are in South America, the internet is not very good and we get what we can take. If you do respond, please give me a few days to respond!

Thanks in advance to anyone whom responds!

[himher 634]

We were outside the US from 01/09 through 12/09 then outside the US from 01/10 through 06/10. When we re-entered after being out 11 months they noted it in her passport (because it reset the clock for application for citizenship) but when we re-entered after 5 months they didn't give us any problem.

My wife was on a conditional green card.

Based on your dates and our experience I do not see that your wife should have any issues. Safe travels.

[NikLR 13,228]

Since your wife will have spent majority of 2013 outside of the USA, she could encounter problems returning from Thailand. Remember she is supposed to spend more time in the USA than out of it per year. I'm not saying you will have issue, just that it's possible.

[himher 634]

Since your wife will have spent majority of 2013 outside of the USA, she could encounter problems returning from Thailand. Remember she is supposed to spend more time in the USA than out of it per year. I'm not saying you will have issue, just that it's possible.

Remember she is supposed to spend more time in the USA than out of it per year is not stated on either the USCIS.gov or state.gov website. Please do not post inaccurate information on VJ.

What is stated is this:

The rules are silent on absences that are less than (6) months

For absences >6 months, less than a year:

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization.

For absences >1 year, less than two years

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad.

For absences > 2 years (this is next to IMPOSSIBLE to obtain!!!!)

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam.

Under all circumstances, at any time entering the US, you have to be prepared to show that you have a home in the US (permanent address) and assets in the US - specifically:

the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

[dtsexpert 20]

Be careful when travelling abroad long trip if you are LPR, below is link for an article on this matter

Hope this help

http://immigrationworkvisa.wordpress.com/2011/03/22/green-card-holders-who-stay-out-of-u-s-more-than-6-months-at-risk/

[dtsexpert 20]

We were outside the US from 01/09 through 12/09 then outside the US from 01/10 through 06/10. When we re-entered after being out 11 months they noted it in her passport (because it reset the clock for application for citizenship) but when we re-entered after 5 months they didn't give us any problem.

My wife was on a conditional green card.

Based on your dates and our experience I do not see that your wife should have any issues. Safe travels.

IMO, consider your wife was very lucky not facing difficulties when coming back to the US after very long trips.

I advice you guys don't take long trips like this again, her luck might run out next time. Read the article below for reasons why she needs to avoid taking long trips

http://immigrationworkvisa.wordpress.com/2011/03/22/green-card-holders-who-stay-out-of-u-s-more-than-6-months-at-risk/

[himher 634]

IMO, consider your wife was very lucky not facing difficulties when coming back to the US after very long trips.

I advice you guys don't take long trips like this again, her luck might run out next time. Read the article below for reasons why she needs to avoid taking long trips

http://immigrationworkvisa.wordpress.com/2011/03/22/green-card-holders-who-stay-out-of-u-s-more-than-6-months-at-risk/

I already said that. From your article:

American Airport Immigration Officers Expect to See “Intent to Reside in USA” After an Absence of 6-12 Months or Even Less

Lucky? LOL. We followed the rules homey. Secondary inspection is where you go for them to check whether or not you REALLY have a residence in the US. If you REALLY do, and you followed the rules, as we did, then you are OK. If you DONT, you run the risk of having your green card taken and assigned to attend a hearing.

[dtsexpert 20]

I already said that. From your article:

American Airport Immigration Officers Expect to See Intent to Reside in USA After an Absence of 6-12 Months or Even Less

Lucky? LOL. We followed the rules homey. Secondary inspection is where you go for them to check whether or not you REALLY have a residence in the US. If you REALLY do, and you followed the rules, as we did, then you are OK. If you DONT, you run the risk of having your green card taken and assigned to attend a hearing.

I speak from first hand real experience. Here is what happened to my first cousin:

My first cousin is a 10 year Green Car holder, who took his 1st long 10 months trip in 2010. Stamped on passport with number of months abroad.

He made another long 9 months trip back to Vietnam in 2011-2012. He was asked to secondary inspection and the evoke his GC. He had to travel back to Vietnam in same day. His wife is in US, he's in Vietnam now. Both are hiring lawyer to fight/appeal for his status.

I am giving my first hand experience and advise. You do what you best for your case

Don't take immigration matter less seriously IMO. You don't want to be in same situation as my first cousin's

[himher 634]

I speak from first hand real experience. Here is what happened to my first cousin:

My first cousin is a 10 year Green Car holder, who took his 1st long 10 months trip in 2010. Stamped on passport with number of months abroad.

He made another long 9 months trip back to Vietnam in 2011-2012. He was asked to secondary inspection and the evoke his GC. He had to travel back to Vietnam in same day. His wife is in US, he's in Vietnam now. Both are hiring lawyer to fight/appeal for his status.

I am giving my first hand experience and advise. You do what you best for your case

Don't take immigration matter less seriously IMO. You don't want to be in same situation as my first cousin's

A real tragedy. Sounds like your cousin didn't cut it at the POE.

If: your cousin was a Texan travelling with his wife and daughter in tow as I was and if your cousin would have been able to demonstrate that he owned property in the US and had assets in the US (as we do) while he was in secondary inspection then what happened to him assuredly would not have happened.

http://www.visajourney.com/forums/topic/437285-returning-to-the-us-after-two-long-periods-abroad/

Another experience on this forum which matches ours. Based on what the OP said there should not be any problem.

Edited June 22, 2013 by himher