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Angelica Sanchez

Re-entry permit needed for several small trips abroad (less than 6 months in total per year)

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I have a green card and travel quite a bit to Mex for several reasons like vacations, visit family etc. My trips are rarely more than 2 weeks at the time (average 10 days)
My husband is a flight attendant and during the winter he has some layovers in Mexico so I go with him etc. I have airline employee tickets so Im fortunate to be able to travel quite often. When I got my GC my lawyer said Im free to travel abroad as long as I stay at least more than 6 months in USA… I do,  I keep track of all my trips to make sure I do not exceed the limit. The longest I have been out in a year is 134 days in total (not constant, just the sum of all my small trips)
I also have a home here in USA, job, bank account, credit card etc.

But last time I came back to USA the agent told me Im traveling too much and I should stay at least 6 months constant here in USA or apply for Re Entry Documents. I got a note in my passport “Advised of Res Reg”. 
Does this mean I must get that permit even if Im planning of traveling again soon for a couple of weeks only? Anybody with a similar experience? Thanks

 


 

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Filed: Citizen (apr) Country: Myanmar
Timeline

You can be put in a proceedings to remove your green card if CBP concludes you abandoned residency. While continuous absences of 181 days or more can trigger an automatic assumption of abandonment of residency short absences can as well especially if there are multiple.  
 

To me the way to assure you win at trial is before go away for X days, make sure you have X+1 continuous days in the USA.  And when you come back after an absence of Y days, don’t travel again for Y+1 days.  
 

Example:

 

* get LPR status, stay for a day,

go away for 10 days: file for a re-entry permit before going away.  
 

* get LPR status, stay for a 10 days, travel for 5 days, return.  Good so far.  Stay for 4 days and leave.  Nope. You’ve been in the USA for just 4 of the past 9 days.  
 

* get LPR status, stay for a 10 days, travel for 5 days, return.  Good so far.  Stay for 7 days and leave.  Good so far.  Stay away for 6 days. Return. You then decide you want to go on a 30 trip.  So stay for 31 days.  Do the trip. Come back. And don’t leave the USA for 31 days. 

 

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Make sure you apply for N-400 as soon as you are eligible. …3 years from date of LPR on your card ( even if I-751 will still be pending).
And if by accident you put that passport in the laundry machine, or misplace it….don’t worry too much and get a new passport that will NOT have that notation. 

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