Long absence from USA after getting Green card

[nrocky 3]

I entered the US on a family based immigrant visa (F-4 derivative) in August this year. Left for India after just 5 days stay since i am a final year engineering student and could not have missed college for long. My college ends in May next year.

I am told that one can stay outside US for up to one year as per law. I initially thought of making a visit in January 2017 (i.e, before expiry of 6 months from the last exit) but then that visit would have to be for a maximum period of one week only as i cannot skip college for longer than that. I am now planning to move after my course ends in May. Would there be any problem at the port of entry since i would have been away for almost 10 months?

[NikLR 13,228]

Possibly.

[IslandQueen 45]

I entered the US on a family based immigrant visa (F-4 derivative) in August this year. Left for India after just 5 days stay since i am a final year engineering student and could not have missed college for long. My college ends in May next year.

I am told that one can stay outside US for up to one year as per law. I initially thought of making a visit in January 2017 (i.e, before expiry of 6 months from the last exit) but then that visit would have to be for a maximum period of one week only as i cannot skip college for longer than that. I am now planning to move after my course ends in May. Would there be any problem at the port of entry since i would have been away for almost 10 months?

Apply for a reentry permit.

[nrocky 3]

But reentry permit is required only if tha absence is greater than one year....

[AK_2014 113]

But reentry permit is required only if tha absence is greater than one year....

(It's also a moot point since one must apply for the reentry permit before leaving the U.S.; it can't be done from abroad.)

[Jojo92122 1,924]

But reentry permit is required only if tha absence is greater than one year....

As a green card holder, you need to maintain a US residence. You are not doing that.

The myth that you can maintain your green card status with yearly visits is wrong. Google and you will find lots of people who have lost their green card status with yearly visits. This is why one poster said you "possibly" have a problem based on the scenario you've outlined.

The smart move is to get the Re-Entry Permit which doesn't count your time outside the US against you as long as you maintain ties to the US.

[nrocky 3]

You got me wrong. I do intend to move permanently to the US. It is just my next entry that I have a doubt about. Do I need to return there within 6 months or would 10 months or so be ok since I need to complete my engineering degree. If I go within 6 months and then again come back to India within a few days then it might create a doubt in the mind of the immigration official at the airport when i go next that I do not intend staying permanently and am just making very brief visits

[EM_Vandaveer 2,408]

You should have filed for a re-entry permit to be on the safe side. But that's water under the bridge. Either plan might backfire.

[Anitafeliz 1,133]

You may or may not be stopped but more likely will.....

Apply as said for a reentry permit....

[KierenHby 899]

Apply as said for a reentry permit....

Cannot apply for RP while overseas

[KierenHby 899]

I entered the US on a family based immigrant visa (F-4 derivative) in August this year. Left for India after just 5 days stay since i am a final year engineering student and could not have missed college for long. My college ends in May next year.

I am told that one can stay outside US for up to one year as per law. I initially thought of making a visit in January 2017 (i.e, before expiry of 6 months from the last exit) but then that visit would have to be for a maximum period of one week only as i cannot skip college for longer than that. I am now planning to move after my course ends in May. Would there be any problem at the port of entry since i would have been away for almost 10 months?

CBP has access to entry-exit data and may question brief visits on a green card. You might get off easy on your next attempt, or your LPR status may be jeopardized; no one here can guarantee one way or another. Entry is entirely at CBP discretion.

And, please complete your Timeline.

[Michael2017 368]

There will not be a problem. Make sure you bring evidence that you had to finish study in India before permanently returning to the USA. This is a perfect reason for your absence and accepted. Also, make sure you have evidence that shows at the port of entry that you intent to now live permanently in the USA. As a green card holder you must be domiciled in the USA, not permanently reside there. People lose their green card with long travel abroad because they use it as a tourist visa, to visit usa and go back. You had a legit reason to study abroad, finish your study, and move to the USA - with 2 visits within 1 year. You are perfectly fine. The CBP officer has no power to send you back, if he wanted, he must refer you to an Immigration officer. Save the money for the trip, a re-entry permit is not needed. Move to the USA within 1 year of your first visit, bring evidence and all will be fine, 99.9%. If you want it close to 100%, yes visit earlier for a week as you mentioned.

[NikLR 13,228]

There will not be a problem. Make sure you bring evidence that you had to finish study in India before permanently returning to the USA. This is a perfect reason for your absence and accepted. Also, make sure you have evidence that shows at the port of entry that you intent to now live permanently in the USA. As a green card holder you must be domiciled in the USA, not permanently reside there. People lose their green card with long travel abroad because they use it as a tourist visa, to visit usa and go back. You had a legit reason to study abroad, finish your study, and move to the USA - with 2 visits within 1 year. You are perfectly fine. The CBP officer has no power to send you back, if he wanted, he must refer you to an Immigration officer. Save the money for the trip, a re-entry permit is not needed. Move to the USA within 1 year of your first visit, bring evidence and all will be fine, 99.9%. If you want it close to 100%, yes visit earlier for a week as you mentioned.

You're very confident on something you shouldn't be.

There possibly could be issues with the CBP if the OP stays outside the USA for more than 6 months and hasn't established a residence at all in the USA. Yes, it's a real issue. LPR = Legal PERMANENT resident. You need to be domiciled (aka have your HOME) in the USA, which means you need to be residing here or at least have proof you haven't abandoned that residency. That's what domicile is. The OP hasn't been in the USA to even establish residency, let alone prove they haven't abandoned it! They do not have domicile in the USA at this time despite having a green card. If you aren't ready to move, you shouldn't do the visa interview. You can delay this so why you would get the visa and activate it when you're not ready to move makes zero sense. It takes long enough to get an F4 as it is.

So will they lose their green card? It's unlikely a judge would take it away because there is a valid reason for the OP but it's a slight possibility.

As per the original question: Could they have issues at POE? Possibly because the CBP may have an issue. Will they have issues? Who knows! It really depends on the CBP officer the OP encounters when they enter the USA.

[Michael2017 368]

Well, I think OP can make his own decision after so many opinions are shared.