GREEN CARD HOLDER BUT OUTSIDE THE US FOR ALMOST ONE YEAR

[ros88 12]

Dear all,

I really need help from you!

I am a conditional resident, I am abroad (family matters) , since june 6 2017

I am planning to come back to the US june 14 2018.

Do you think I will need a rentry permit? it is going to be 1 year and a week out of the US.

How long is going to take if I apply for a rentry permit at the embassy?

there IS any chance I can go back without any problem at the port of entry? Its just a year and a week.

anyone has any experience like mine?

What you guys recommend me?

Is maybe better going back june 5 so in this way it will be less than a year?

I don't know what to do....

Thank you in advance for your help!!!

[Hypnos 6,576]

You cannot file for a re-entry permit from outside the US. 

 

It would be best to return within one year of your departure. In addition, you may be asked by CBP to provide proof that you have maintained your US residency during your absence. 

[PackersFan123 0]

One day i returned US after staying abroad 5 month without re entry permit , they did secondary screening in the airport  , officer told me the time allowable  for being outside united states without re entry permit  is 6 month .  

 

However from my research on the internet  at that time I guess you will be admitted if you make a good case for your absence . Just expect them to throughly ask you about reasons you are outside the country , be prepared to show bond with the states  like driver license , tax filing etc .The airport interview may take 20 min plus time to wait for it (keep that in mind if somebody is waiting for you outside) .

 

I guess best thing is to apply for re entry permit (maybe through lawyer ) to have your biometrics appointment ready when you are in the states ( takes few mont just to have biometrics appointment). 

 

 

[ArchieD 16]

You should visit your local embassy ASAP. Read it if you'd like to.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

[Russ&Caro 1,549]

43 minutes ago, ros88 said:

 Its just a year and a week.
 

It's a pretty big deal. As someone above said, 6 months without a re-entry permit is the guideline, and you can no longer obtain a re-entry permit. So yeah, returning on June 5 is better than June 14, but there's still a lot of risk of being denied entry at 364 days. Returning next week would be even better than June 5. Something to think about.

[ros88 12]

4 minutes ago, Russ&Caro said:

It's a pretty big deal. As someone above said, 6 months without a re-entry permit is the guideline, and you can no longer obtain a re-entry permit. So yeah, returning on June 5 is better than June 14, but there's still a lot of risk of being denied entry at 364 days. Returning next week would be even better than June 5. Something to think about.

I cant come back next week... I have to fix few things with my old parents in Italy ...I was planning june 13 but maybe I ll be back one day before the one year...just to make sure to be fine...anyone with similar experience?

[WeGuyGal 1,052]

54 minutes ago, ros88 said:

Dear all,

I really need help from you!

I am a conditional resident, I am abroad (family matters) , since june 6 2017

I am planning to come back to the US june 14 2018.

Do you think I will need a rentry permit? it is going to be 1 year and a week out of the US.

How long is going to take if I apply for a rentry permit at the embassy?

there IS any chance I can go back without any problem at the port of entry? Its just a year and a week.

anyone has any experience like mine?

What you guys recommend me?

Is maybe better going back june 5 so in this way it will be less than a year?

I don't know what to do....

Thank you in advance for your help!!!

If you've been abroad since June 2017, who filed your i751 last September?  And biometrics? 

[ros88 12]

1 minute ago, WeGuyGal said:

If you've been abroad since June 2017, who filed your i751 last September?  And biometrics? 

I did biometrics in Italy at the US embassy.

[WeGuyGal 1,052]

And presumably you/hubby signed the mailed the i751 package. 

 

Anyhoos, expect to be questioned at length about your overseas trip.. that too on an expired gc. 

[ros88 12]

The question is: ANYONE WITH MY SAME EXPERIENCE? GOING BACK TO THE US AFTER 1 YEAR? ANY ISSUE AT THE PORTY OF ENTRY?

[Russ&Caro 1,549]

The people who are responding have been on this board for a long time. We've seen many similar situations. Some 6 months, some just less than a year, some more than a year. Invariably people report back that they're questioned at length at POE. Some get turned around, some get let through. What everyone is telling you is that it's a gamble. If you like to gamble, then you're probably fine. Get turned around just go back to your home in Italy and define the next steps, like filing a new CR1. Your fate is entirely in the hands of an IO who can let you through, or not.

 

Again, if you're looking for someone who got through after 364 days, I can assure you that more than one person on this board have been allowed back into the country in that situation.

[geowrian 22,337]

8 hours ago, ros88 said:

here IS any chance I can go back without any problem at the port of entry? Its just a year and a week.

The issue is there's a required presumption of having abandoned your permanent residency after 1 year. Before a year it can still be an issue, but it's a different bar they go by. When dealing with immigration, exact dates absolutely can matter.

 

That said, you have 3 options at this point (re-entry permit is not one here):

1. Attempt to return as-is. CBP may allow you in as-is, may parole you in and refer the case to an IJ, or detain you and refer the case to an IJ. Only the IJ can actually revoke your LPR status. Given the timeframe and if you can show circumstances that were compelling you to be abroad despite wanting to return + ties you have maintained to the US, then they would probably permit you in.
   1. Note that you will have almost certainly have broken continuous residency, which means you have to wait longer to naturalize.
2. Apply for an SB-1 visa. These are fairly hard to come by and will take months, and requires a good reason for being abroad without returning.
3. Abandon your existing LPT status and get re-petitioned (Assuming you are still married to somebody who can petition you).

Option #1 is the fastest by far, and probably the cheapest...although there is certainly a risk involved as well.

[ros88 12]

I would go back JUNE 4TH two days before my year outside the US.

For sure they will be question me but I will not need anything from the embassy if I don't go back after 1 year.

Any similar experience?

Thank you guys!

[Patoga 10]

My husband stayed abroad for 11 months, and when he came back, the officer told him next time he wont be able to return and will loose his Permanent residence card, since then he never stayed more than 2 weeks. But i know if is more than a year it could be very risky.

[Mollie09 1,543]

How long after you received your conditional GC did you leave?