10jnss Posted August 28, 2014 Report Share Posted August 28, 2014 My wife is traveling out of country on Green Card (GC), for 7 months. As per USCIS, on a GC if the stay out of the country is for less than an year there is no need for a reentry permit but I heard on few immigration shows before as well I read on Murthy forum that if the stay is beyond 6 months we need a reentry permit to come back into the country. I even called the customer service center of USCIS and they confirmed the stay can be for an year and anything beyond one year needs a permit. But at the end of the day we are the discretion of port of entry immigration officials and I am little confused. Even if I have to take a permit it needs at least 40 days for biometrics and my wife plans to travel by end of September and this can't be changed as my mother in law is leaving at that time after her 6 months stay with us. http://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf I appreciate your experiences or information in this regard. Thanks Link to comment
pontevecchio Posted August 28, 2014 Report Share Posted August 28, 2014 Have your wife return within 6 months. Link to comment
JoeF Posted August 28, 2014 Report Share Posted August 28, 2014 She doesn't need a reentry permit, but it is a good idea to have one, since a reentry permit reinforces that the trip abroad was temporary. Link to comment
10jnss Posted August 29, 2014 Author Report Share Posted August 29, 2014 "pontevecchio" if she can return in less than 6 months I would not be posting my question here. JoeF thank you for your response. Link to comment
10jnss Posted August 29, 2014 Author Report Share Posted August 29, 2014 JoeF any idea how long does it take for bio-metrics appointment from the time we apply for a reentry permit? Link to comment
JoeF Posted August 29, 2014 Report Share Posted August 29, 2014 JoeF any idea how long does it take for bio-metrics appointment from the time we apply for a reentry permit? Sorry, no idea. The last time I got a reentry permit they didn't have the biometrics requirement yet. Link to comment
pontevecchio Posted August 30, 2014 Report Share Posted August 30, 2014 You have to allow for the rules of the country you are migrating to and not vice versa. Thank you for your polite response to my answer. You have the option of spending money and getting a Lawyers take. Best of luck. Link to comment
pontevecchio Posted August 30, 2014 Report Share Posted August 30, 2014 I would also point out that you need to make decisions based on US Law and not assume you can circumvent it. Angrez to chale gaye. Etc. Link to comment
10jnss Posted September 2, 2014 Author Report Share Posted September 2, 2014 JoeF, thank you for your response.I posted my question on a lawyers website and he concurred that 1 year is the maximum limit. pontevecchio, I am not sure what is the point you are trying to drive, but I am not circumventing law here. I too want to follow the law of this country, hence the reason I posted my question. USCIS clearly states that 1 year is the maximum time we can stay out of the country but few talk show lawyers mentions as 180 days is the cutoff. So I want to check if any of the folks here had any experiences.GC is not easy to achieve and I don't want to risk my residency but there are circumstances beyond our control because of which my wife has to stay for a longer duration. Thank you for taking time and responding to my query. Link to comment
JoeF Posted September 3, 2014 Report Share Posted September 3, 2014 JoeF, thank you for your response.I posted my question on a lawyers website and he concurred that 1 year is the maximum limit. pontevecchio, I am not sure what is the point you are trying to drive, but I am not circumventing law here. I too want to follow the law of this country, hence the reason I posted my question. USCIS clearly states that 1 year is the maximum time we can stay out of the country but few talk show lawyers mentions as 180 days is the cutoff. So I want to check if any of the folks here had any experiences.GC is not easy to achieve and I don't want to risk my residency but there are circumstances beyond our control because of which my wife has to stay for a longer duration. Thank you for taking time and responding to my query. The issue is that after 180 days, a person coming back is seeking admission, so all the grounds of inadmissibility apply. Further, there is NO "safe" time period.Eve n with one day abroad, it could be that an officer at the POE determines that the person abandoned the GC. ALL travel abroad for an LPR has to be temporary in nature with a clear ending date. I suggest you read http://www.murthy.com/2012/05/11/extended-travel-by-a-permanent-resident-part-1-of-2/ and http://www.murthy.com/2012/05/18/extended-travel-by-a-permanent-resident-2-of-2/ Link to comment
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