Leaving and coming back

[angeldeborah 5]

Hi all, 

We're flying to the states this summer to 'activate' our green card's/get the stamp in our passport and intend on staying for about 2-3 weeks. Right now we're in a slightly sticky place with my eldest's education, if we leave now she may not have enough credits which may disadvantage her so we're planning on waiting until next June to move fully so she can complete her GCSEs which will put her in a better place when she joins high school next year. We plan on returning around January or February as she has school breaks and then finally returning in June permanently but we're wondering if that will put our LPR status at risk. Any advice?

[EmilyW 1,495]

We did the same.  Activated our GCs in June of 2015, and returned in February 2016 to live - so around 8 months.  We found that border officials understand the need for new immigrants to tie up loose ends and that this can take a while.  So long as it's less than a year, it should be fine.

 

In the meantime, do what you can to show you will be living in the US.  We opened bank accounts during our activation trip, filed taxes, and maintained a US mailing address.  

[angeldeborah 5]

1 minute ago, EmilyW said:

We did the same.  Activated our GCs in June of 2015, and returned in February 2016 to live - so around 8 months.  We found that border officials understand the need for new immigrants to tie up loose ends and that this can take a while.  So long as it's less than a year, it should be fine.

 

In the meantime, do what you can to show you will be living in the US.  We opened bank accounts during our activation trip, filed taxes, and maintained a US mailing address.  

We will try and do the same then. Thank you for your advice ❤️

[EmilyW 1,495]

With the banks, Bank of America is very 'new immigrant' friendly.  We were able to open our accounts without a SSN and were able to get pre-paid credit cards that allowed for us to start building a credit history.

[angeldeborah 5]

13 hours ago, EmilyW said:

With the banks, Bank of America is very 'new immigrant' friendly.  We were able to open our accounts without a SSN and were able to get pre-paid credit cards that allowed for us to start building a credit history.

Did you go to the bank in person? We were planning to go there in person and open accounts but we weren't sure if we needed our SSN for that.

[Wuozopo 4,293]

23 hours ago, angeldeborah said:

Hi all, 

We're flying to the states this summer to 'activate' our green card's/get the stamp in our passport and intend on staying for about 2-3 weeks. Right now we're in a slightly sticky place with my eldest's education, if we leave now she may not have enough credits which may disadvantage her so we're planning on waiting until next June to move fully so she can complete her GCSEs which will put her in a better place when she joins high school next year. We plan on returning around January or February as she has school breaks and then finally returning in June permanently but we're wondering if that will put our LPR status at risk. Any advice?

 
Good information to know is found here https://www.uscis.gov/green-card/after-we-grant-your-green-card/international-travel-as-a-permanent-resident

 

What if my trip abroad will last longer than 1 year?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the Travel Documents page.

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the Continuous Residence and Physical Presence Requirements page.

[angeldeborah 5]

22 minutes ago, Wuozopo said:

 
Good information to know is found here https://www.uscis.gov/green-card/after-we-grant-your-green-card/international-travel-as-a-permanent-resident

 

What if my trip abroad will last longer than 1 year?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the Travel Documents page.

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the Continuous Residence and Physical Presence Requirements page.

Hello, thank you. Our trip will be 9-10 months out of the states (assuming we don’t come back for one of the schools breaks) so the re-entry permit may not be needed at all as it’s under a year and we’ll definitely come back permanently as soon as my daughter’s GCSE’s end which is late June 2023 and get the school to email/post the results. Taking in what EmilyW said I will open a bank account, file taxes etc so CBP do not assume we’ve abandoned our residency + my spouse lives there too. Once again thank you for the link. 

Edited July 30, 2022 by angeldeborah

[EmilyW 1,495]

13 hours ago, angeldeborah said:

Did you go to the bank in person? We were planning to go there in person and open accounts but we weren't sure if we needed our SSN for that.

Yes ma'm.  Went in person to open the accounts and explained our situation.