happyjack

Hi Everyone.
Currently in the UK for the last 5 months helping to look after sick ole parents.
When I was in Florida a visa guy told me that I could stay outside of USA for 12 months with no probs......someone else just told me it is only 6 months...in which case I had better get myself back fast.......so what is it.
12 months or 6 months any one help?
Thankyou.

Manish

READ:
Preservation of Green Cards during Foreign Travel
by Gregory Siskind, Esq.

http://www.ilw.com/articles/2006,1030-siskind.shtm

Maintaining Legal Permanent Resident Status
http://www.hooyou.com/reentrypermit/...glegalPRS.html
Maintenance of Lawful Permanent Residence
http://www.americanlaw.com/maintlpr.html
http://www.twmlaw.com/resources/immi...grant6cont.htm

http://careers.the-scientist.com/ind...article_id=789

http://immigration.about.com/library/blpermres.htm

http://www.quanlaw.com/ls_presidency.asp

Very good legal guide for US Citzenship or to maintain Permanent Residence of US

http://www.illinoislegalaid.org/UPLO...88natguide.pdf
http://www.immihelp.com/greencard/retain-greencard.html

Noorah101

If you plan on being out of the USA longer than 6 months, it's wise to apply for a re-entry permit via form I-131. The problem with that is, I think you have to apply for it while INSIDE the USA, and you're not now.

There is no hard and fast rule about how long you can be out of the USA and still retain your PR status. It's treated on a case-by-case basis.

Personally, I'd come back to the USA very soon, and if you plan on leaving again, have a consultation with an immigration attorney who is knowledgeable about abandonment cases.

Best Wishes,
Rene

Manish

"Visa guy" give you wrong info you can enter US BEFORE 12 months from the date of US departure. Remember the time spent out of US more than 6 months will not be counted for Citizenship eligibility. If you enter before 6 months then you may preserve that time for citizenship. Read the links I gave you.
* you can apply for Reentry permit if you want to stay more than a year. Reentry permit has to be applied when you are IN US. your Reentry permit after approval can be sent to your US address OR to US consulate in your in UK(you can pick up from US consulate when they inform ) Reentry permit is valid for 2 years from date of approval.

[email protected]

You have to maintain your primary residence in the USA (maintain a
close connection with the USA, intend to come back to the USA). If
you're gone for more than 1 year, you will also need a reentry permit
to come back (you can apply using form I-131 - you have to be in the US
when you apply, but can leave without it).

If you leave the US, having sold all your belongings in the US, closed
all your US bank accounts, don't have a US address, and on the way out
you visit a US border officer and tell him "**** you all, I don't want
to ever come back to your ****ing country". And a few hours later you
try to come back, one may argue that you surrendered your permanent
resident status and thereby may not be admited as such.

Then, if you're working for a US federal agency (or even better the US
army), have a US address, US bank accounts, get your reentry permit,
file US tax forms ... and are gone for 2 years straight, you will
likely be considered to have maintained your US residence and be
allowed back in the US.




happyjack wrote:
    > Hi Everyone.
    > Currently in the UK for the last 5 months helping to look after sick ole
    > parents.
    > When I was in Florida a visa guy told me that I could stay outside of
    > USA for 12 months with no probs......someone else just told me it is
    > only 6 months...in which case I had better get myself back fast.......so
    > what is it.
    > 12 months or 6 months any one help?
    > Thankyou.
    >
    > --
    > Posted via http://britishexpats.com

Poppy girl

I don't know if this helps but the girl I work with is Morrocan and her mother spends 6 months there and 6 here and has done so for 4 years so she said.

She is a Resident not a Citizen.

Folinskyinla

Hi:

These questions are quite fact specfic. It is NOT just a matter of time.

Art

On Wed, 29 Nov 2006 18:19:44 +0000, happyjack
<member58293@british_expats.com> wrote:

    >Hi Everyone.
    >Currently in the UK for the last 5 months helping to look after sick ole
    >parents.
    >When I was in Florida a visa guy told me that I could stay outside of
    >USA for 12 months with no probs......someone else just told me it is
    >only 6 months...in which case I had better get myself back fast.......so
    >what is it.
    >12 months or 6 months any one help?
    >Thankyou.

See my post in the "green card in Guam" thread for practical advice on
how it really works.

Joe Feise

Art wrote on 11/29/06 21:56:

    > On Wed, 29 Nov 2006 18:19:44 +0000, happyjack
    > <member58293@british_expats.com> wrote:
    >
    >> Hi Everyone.
    >> Currently in the UK for the last 5 months helping to look after sick ole
    >> parents.
    >> When I was in Florida a visa guy told me that I could stay outside of
    >> USA for 12 months with no probs......someone else just told me it is
    >> only 6 months...in which case I had better get myself back fast.......so
    >> what is it.
    >> 12 months or 6 months any one help?
    >> Thankyou.
    >
    > See my post in the "green card in Guam" thread for practical advice on
    > how it really works.

Except that this "practical advice" is flawed and outdated. Being a smart-ass
doesn't help...

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

Art

On Wed, 29 Nov 2006 23:04:02 -0800, Joe Feise <[email protected]> wrote:

    >Art wrote on 11/29/06 21:56:
    >> On Wed, 29 Nov 2006 18:19:44 +0000, happyjack
    >> <member58293@british_expats.com> wrote:
    >>
    >>> Hi Everyone.
    >>> Currently in the UK for the last 5 months helping to look after sick ole
    >>> parents.
    >>> When I was in Florida a visa guy told me that I could stay outside of
    >>> USA for 12 months with no probs......someone else just told me it is
    >>> only 6 months...in which case I had better get myself back fast.......so
    >>> what is it.
    >>> 12 months or 6 months any one help?
    >>> Thankyou.
    >>
    >> See my post in the "green card in Guam" thread for practical advice on
    >> how it really works.
    >Except that this "practical advice" is flawed and outdated. Being a smart-ass
    >doesn't help...

Being a self-righteous asshole, who is probably an immigrant himself,
doesn't help those who want to keep their green cards, for whatever
reason, without keeping to the letter of the law.

happyjack

Hi and thanks for everyones reply.

OK, If it WAS just a matter of time...what would it be 6 or 12 months? as everything else concerning responsibilities in Florida are in order.,property,taxes,bank account, credit cards,etc

The situation is......based on the visa guys information I was going to stay in UK for Christmas and then head back to Florida,that would have put me just over 6 months in the UK,I have just spoken to a guy from UK who owns a property in Florida and also has a GC.....he tells me that he regulary exceeds 6 month absence from the USA,when he is asked[by immigration] at port of entry how long he has been out....he replies a couple of months SIR.....He says he has been doing this since 1992,he also says they[immigration] have no way of knowing how long someone has been out of USA,and that is why they ask......he says if they knew why would they ask.
He has been out for more than 6 months before and told them 2 months and they say welcome home !!!!!

getting more confused now.....this would be my 1st time in UK at Christmas for many years........I suppose I better go back.

Art

On Thu, 30 Nov 2006 09:59:59 +0000, happyjack
<member58293@british_expats.com> wrote:

    >> Hi:
    >> These questions are quite fact specfic. It is NOT just a matter
    >> of time.
    >Hi and thanks for everyones reply.
    >OK, If it WAS just a matter of time...what would it be 6 or 12 months?
    >as everything else concerning responsibilities in Florida are in
    >order.,property,taxes,bank account, credit cards,etc

Six months would be better than twelve.

    >The situation is......based on the visa guys information I was going to
    >stay in UK for Christmas and then head back to Florida,that would have
    >put me just over 6 months in the UK,I have just spoken to a guy from UK
    >who owns a property in Florida and also has a GC.....he tells me that
    >he regulary exceeds 6 month absence from the USA,when he is asked[by
    >immigration] at port of entry how long he has been out....he replies a
    >couple of months SIR.....He says he has been doing this since 1992,he
    >also says they[immigration] have no way of knowing how long someone has
    >been out of USA,and that is why they ask......he says if they knew why
    >would they ask.

Sometimes they do know and sometimes they don't. Arrival/departure
info forwarded by the airlines isn't always complete and even when it
is, it isn't always used to update the Immigration databases.

    >He has been out for more than 6 months before and told them 2 months and
    >they say welcome home !!!!!

You can't rely on this being the case any more. Often you'll find
that you're not asked how long you've been away...because they already
know.

    >getting more confused now.....this would be my 1st time in UK at
    >Christmas for many years........I suppose I better go back.

Yes.

scrubbedexpat099

I have a friend who was out for 5 months, had a fright getting back in so is now a Citizen.

From my own experiance at US Immigration I belive that they usually know exactly how long you are gone.

Joe Feise

Art wrote on 11/30/06 03:40:

    >
    > Sometimes they do know and sometimes they don't. Arrival/departure
    > info forwarded by the airlines isn't always complete and even when it
    > is, it isn't always used to update the Immigration databases.


It is nowadays, since it is transmitted electronically.
You obviously have no clue about this stuff, troll.

Joe Feise

happyjack wrote on 11/30/06 01:59:

    >> Hi:
    >> These questions are quite fact specfic. It is NOT just a matter
    >> of time.
    >
    > Hi and thanks for everyones reply.
    >
    > OK, If it WAS just a matter of time...what would it be 6 or 12 months?
    > as everything else concerning responsibilities in Florida are in
    > order.,property,taxes,bank account, credit cards,etc


You can temporarily be absent from the US for a maximum of one year. Note that
all trips abroad have to be temporary in nature, with a clear ending date.

    > The situation is......based on the visa guys information I was going to
    > stay in UK for Christmas and then head back to Florida,that would have
    > put me just over 6 months in the UK,I have just spoken to a guy from UK
    > who owns a property in Florida and also has a GC.....he tells me that
    > he regulary exceeds 6 month absence from the USA,when he is asked[by
    > immigration] at port of entry how long he has been out....he replies a
    > couple of months SIR.....He says he has been doing this since 1992,he
    > also says they[immigration] have no way of knowing how long someone has
    > been out of USA,and that is why they ask......he says if they knew why
    > would they ask.


Nowadays they know, because the airlines are required by law to transmit their
passenger manifests to DHS. That is all done electronically, and in particular
for arriving flights, DHS has it way before the flight lands. They even run that
through their no-flight databases, and if somebody they don't want is on the
flight, it gets diverted, which even makes the news (e.g., when former singer
Cat Stevens was on board earlier this year.)

    > He has been out for more than 6 months before and told them 2 months and
    > they say welcome home !!!!!


That eventually *will* fail. After 9/11, a lot of things changed. In particular,
they can now see on their terminals how long you've been out. And lying about it
is not a good thing to do...

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.