GC Holder Out of US for more than 6 months twice consecutively!

[Kudla 2]

Last time I travelled to US in Jul 2019 I was out of US for more than 9 months. The CBP official had put a remark on the PP saying I was out of US for more than 6 months.

I came out of US in last week of Dec 2020 and may NOT be able to travel within the stipulated 6 months. Will this be an issue at POE again?

Please advise!

[Dashinka 24,519]

Certainly could be as it could break the continuous residency requirement with respect to your pending naturalization application.  As to issues re-entering, it would probably not be an issue, but who can tell.

Edited May 24, 2021 by Dashinka

[Crazy Cat 41,904]

16 minutes ago, Kudla said:

Last time I travelled to US in Jul 2019 I was out of US for more than 9 months. The CBP official had put a remark on the PP saying I was out of US for more than 6 months.

I came out of US in last week of Dec 2020 and may NOT be able to travel within the stipulated 6 months. Will this be an issue at POE again?

Please advise!

Maybe.......Generally, GC holders can stay outside the US for a year.  However, after 6 months, certain assumptions are made.  @HRQX is an expert in this area.  Hopefully, he will show us the exact reference.

Edited May 24, 2021 by Lucky Cat

[Kudla 2]

23 hours ago, Lucky Cat said:

Maybe.......Generally, GC holders can stay outside the US for a year.  However, after 6 months, certain assumptions are made.  @HRQX is an expert in this area.  Hopefully, he will show us the exact reference.

Last time when I returned it was 8+ months out of US and they had put a remark on the stamping in PP.

So my worry is what happens if consecutively twice am out of US for more than 6+ months?
 

23 hours ago, Dashinka said:

Certainly could be as it could break the continuous residency requirement with respect to your pending naturalization application.  As to issues re-entering, it would probably not be an issue, but who can tell.

I am NOT looking at naturalization application now. My ONLY worry is about re-entering OR they admitting me back into US.

[Nitas_man 3,100]

On 5/25/2021 at 12:24 PM, Kudla said:

Last time when I returned it was 8+ months out of US and they had put a remark on the stamping in PP.

So my worry is what happens if consecutively twice am out of US for more than 6+ months?
 

I am NOT looking at naturalization application now. My ONLY worry is about re-entering OR they admitting me back into US.

Hm we were out 11 and got that same note, left for five, returned without an issue.

USCIS website says “absences longer than a year” so my call is you may be looking at a visit to secondary and you may need to be prepared to show you have an actual residence you are returning to but they’re not going to put you in removal.

[Kudla 2]

On 6/2/2021 at 8:36 AM, Nitas_man said:

Hm we were out 11 and got that same note, left for five, returned without an issue.

USCIS website says “absences longer than a year” so my call is you may be looking at a visit to secondary and you may need to be prepared to show you have an actual residence you are returning to but they’re not going to put you in removal.

Thanks for the clarification.
So If I make it to US, before the 6 months of absence and travel again after a month's stay in US for say, another 3 months, how would this be considered on return?

Please advise!

[Nitas_man 3,100]

3 minutes ago, Kudla said:

Thanks for the clarification.
So If I make it to US, before the 6 months of absence and travel again after a month's stay in US for say, another 3 months, how would this be considered on return?

Please advise!

We pushed it but it depends on the IO and what mood he/she is in at any given time.

We did this for two years then surrendered the card and got a new IR1.

Unless you’re perpetually qualified for immediate immigration benefits (immediate family of USC for example) I never advise to push your luck with this.
 

 They’re gonna eventually take you to the back room and that exam is worse than the China COVID test. You better have assets, a tangible address, and all those goodies to show them you have rock solid ties.

 

Advice:  Get a travel document, it’s good for two years.  

[SusieQQQ 11,586]

2 hours ago, Kudla said:

Thanks for the clarification.
So If I make it to US, before the 6 months of absence and travel again after a month's stay in US for say, another 3 months, how would this be considered on return?

Please advise!

Doing this once is ok, continuing to spend significantly more time outside the US than in it after you already have a formal warning from CBP is kind of asking for trouble imo. This is the full paragraph from uscis page on travel. I think the way you are going, you run the risk of being lumped in the “Abandonment may be found to occur in trips of less than a year ” category. What ties to the US do you have? In the absence of strong ties I agree with nitasman, a re-entry permit can help overcome that finding. The problem for you with that solution is that re-entry permits are taking many months to process currently.

 

Does travel outside the United States affect my permanent resident status?

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, 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.

 

Edited June 5, 2021 by SusieQQQ

[mmsk 9]

Re entry permit is really helpful if you can get one even if you are not stay out of the US for more than a year countiounisly. It will show the intention of coming back. 

[Kudla 2]

On 6/5/2021 at 4:47 PM, Nitas_man said:

You better have assets, a tangible address, and all those goodies to show them you have rock solid ties.

 

Advice:  Get a travel document, it’s good for two years.  

 

On 6/5/2021 at 7:31 PM, SusieQQQ said:

What ties to the US do you have? In the absence of strong ties I agree with nitasman, a re-entry permit can help overcome that finding. The problem for you with that solution is that re-entry permits are taking many months to process currently.

 

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.

 

I have an address which am maintaining for past 4+ years with bank account, tax returns filed as resident for past 5+ years and also valid driving license.
 

On 6/6/2021 at 4:07 AM, mmsk said:

Re entry permit is really helpful if you can get one even if you are not stay out of the US for more than a year countiounisly. It will show the intention of coming back. 

I have had couple of re-entry permits earlier. As, I am due for renewal of GC in 2024, hesitant to get an re-entry permit closer to the renewal.

Also, my travels outside of US will reduce by end of this year. Please advise!

Edited June 8, 2021 by Kudla

[mmsk 9]

Nobody can guarantee things here even lawyers can not. In my prospective, being out for less than 6 months should be ok and also it depends on the officer at POE. 

[Kudla 2]

On 6/9/2021 at 8:21 AM, mmsk said:

Nobody can guarantee things here even lawyers can not. In my prospective, being out for less than 6 months should be ok and also it depends on the officer at POE. 

How is this 6 months calculated? Say, for example if am out of US on 31st December should I be back before end of June(06/30) OR is there a fixed number of days?

[SusieQQQ 11,586]

16 hours ago, Kudla said:

How is this 6 months calculated? Say, for example if am out of US on 31st December should I be back before end of June(06/30) OR is there a fixed number of days?

I would go on 180 days which is what they use for 6 months in other contexts.

 

 

Edited June 12, 2021 by SusieQQQ

[Kudla 2]

On 5/24/2021 at 1:11 PM, Kudla said:

Last time I travelled to US in Jul 2019 I was out of US for more than 9 months. The CBP official had put a remark on the PP saying I was out of US for more than 6 months.

I came out of US in last week of Dec 2020 and may NOT be able to travel within the stipulated 6 months. Will this be an issue at POE again?

Please advise!

Well! I was back just a day short of 6 months at EWR and the CBP official didn't even ask me any questions. Just asked me to lower the mask for the picture and had a look at my GC and waived me off. Strangely, he did NOT put the arrival stamp on my passport. What could be the reason here, please? 

[SusieQQQ 11,586]

38 minutes ago, Kudla said:

Well! I was back just a day short of 6 months at EWR and the CBP official didn't even ask me any questions. Just asked me to lower the mask for the picture and had a look at my GC and waived me off. Strangely, he did NOT put the arrival stamp on my passport. What could be the reason here, please? 

Great

 

i stopped getting stamps in my passports a few years back already … it worried me at first but at that stage GC holders could still access the electronic i94 page and everything was correct on it so I didn’t worry about it.