Re-entry after seven month absence due to death in family?

[jwroma 0]

Hi,

I have been a green card holder since 2007, and have spent the majority of that time in the US, aside from an 11-month trip to England to see family in 2009 (which was noted on my passport). I work from home for a US company, file my taxes, maintain a US bank account, etc, but for the past 2 years I've been in the UK for 4-5 months per year as my Dad was in the final stages of ALS (he was diagnosed in 1990). I came back to the UK for what was supposed to be a 2-3 month visit at the end of may, and my Dad passed away at the end of June (he was very ill but it was still unexpected). Since then I've been staying with my Mother, helping her through a difficult time. I plan to return to the US permanently in January, but that would mean a 7-month absence. Would my circumstances be taken into consideration? I would go now, but I have to be back for Christmas and can't really afford two flights back to back.

Thanks

[TBoneTX 46,116]

Did you obtain a re-entry permit for absences longer than 6 months? Can you do that now?

I'd search (and contact) CBP:

http://www.cbp.gov

If someone there tells you that what you plan is OK, get the agent's name and location, and note the date and time of your conversation. Getting something in writing is preferable.

You might also call any CBP port and ask to speak with the shift supervisor:

http://www.cbp.gov/contact/ports

Edited October 15, 2014 by TBoneTX

[TBoneTX 46,116]

Additional: The above pertains to your re-entry. The effect on your "citizenship clock" is another matter that others can talk about.

[jwroma 0]

Thanks for the reply. I didn't get a re-entry permit as I only planned to be in the UK for 2-3 months. I can't apply for one now as I'm outside the US.

[TBoneTX 46,116]

This is more difficult, then. Collect all possible documentation -- medical records, e-mails, evidence of support to your mother -- and have a full set ready to hand over to CBP at POE. You'll be at their mercy. If the first agent denies your entry, politely insist on speaking with the shift supervisor.

I hope that others here have more substantive advice.

Why must you be back for Christmas? I would urge in the strongest possible terms that you return here before 6 months is out, and -- if you must leave again soon -- get a re-entry permit first.

[jxn 86]

Did you obtain a re-entry permit for absences longer than 6 months? Can you do that now?

I'd search (and contact) CBP:

http://www.cbp.gov

If someone there tells you that what you plan is OK, get the agent's name and location, and note the date and time of your conversation. Getting something in writing is preferable.

You might also call any CBP port and ask to speak with the shift supervisor:

http://www.cbp.gov/contact/ports

The PDF from the CBP website says "If you are an LPR planning to travel outside of the United States for 1 year or more, it is important that you apply for a reentry permit before you depart the United States. If you stay outside of the United States for 1 year or more and did not apply for a reentry permit before you left, you may be considered to have abandoned your permanent resident status."

For travel abroad between six months and one year, I'm not sure what the best course of action is and if they would even issue a re-entry permit.

http://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

[jwroma 0]

This is more difficult, then. Collect all possible documentation -- medical records, e-mails, evidence of support to your mother -- and have a full set ready to hand over to CBP at POE. You'll be at their mercy. If the first agent denies your entry, politely insist on speaking with the shift supervisor.

I hope that others here have more substantive advice.

Why must you be back for Christmas? I would urge in the strongest possible terms that you return here before 6 months is out, and -- if you must leave again soon -- get a re-entry permit first.

I need to be back for Christmas because we celebrate it as a family each year, obviously me not being there this year isn't an option.

Anyway, I've done some searching and it appears that a lot of people have gone through at 10-11 months and not even been questioned. I've yet to find an example of anyone having their green card revoked for being out of the US for 6-12 months alone. Think I'll be fine given the circumstances. My citizenship application might be denied, but not that bothered about that right now.