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Old Mar 28th 2010, 3:11 pm
  #16  
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Default Re: Leaving the US for 9 months -

Originally Posted by withoutapaddle
I kinda want to move back to the UK to help my parents out, but also want to maintain my US residency and apply for citizenship when I get the chance.
Unfortunately, you can't really do both. You can get the re-entry permit so you can spend extended time in the UK without losing your PR status, but it will affect your eligibility for citizenship.

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Old Mar 28th 2010, 4:46 pm
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Default Re: Leaving the US for 9 months -

Originally Posted by Noorah101
Unfortunately, you can't really do both. You can get the re-entry permit so you can spend extended time in the UK without losing your PR status, but it will affect your eligibility for citizenship.

Rene
I don't really have a problem with the eligibility for citizenship resetting. What I don't want to lose is my green card.

If I get the re-entry permit is it a sure thing that I can return? I worry that if I give up renting a place over here in order to return to the UK that the re-entry permit may be worthless since it's dependant on maintaining residency.
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Old Mar 28th 2010, 11:16 pm
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Default Re: Leaving the US for 9 months -

Originally Posted by Noorah101
Unfortunately, you can't really do both. You can get the re-entry permit so you can spend extended time in the UK without losing your PR status, but it will affect your eligibility for citizenship.

Rene
With respect, this is quite unhelpful ... he has been told a way to "do both" which is to take a series of trips instead of one long one, and keep a USA residence until naturalized.

Or are you suggesting this won't work?
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Old Mar 29th 2010, 3:49 am
  #19  
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Default Re: Leaving the US for 9 months -

Originally Posted by JAJ
With respect, this is quite unhelpful ... he has been told a way to "do both" which is to take a series of trips instead of one long one, and keep a USA residence until naturalized.

Or are you suggesting this won't work?
Ah, sorry....you are right, multiple short trips will work. I was still thinking one extended stay of 9 months, where the OP would still keep PR status and not lose any time towards citizenship.

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Old Mar 29th 2010, 12:12 pm
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Default Re: Leaving the US for 9 months -

Originally Posted by Noorah101
Ah, sorry....you are right, multiple short trips will work. I was still thinking one extended stay of 9 months, where the OP would still keep PR status and not lose any time towards citizenship.

Rene
If I take a 2-3 month trip and return but have given up the place we are currently renting do you think I will have a problem?

It's not like I don't have any ties to the US other than a rental property. I have several bank accounts, car and other posessions which will be put into storage.
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Old Mar 29th 2010, 12:55 pm
  #21  
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Default Re: Leaving the US for 9 months -

Originally Posted by withoutapaddle
If I take a 2-3 month trip and return but have given up the place we are currently renting do you think I will have a problem?
Possibly. Possibly not. Life will be a lot simpler if you keep a genuine USA residence until you become a US citizen.

Also, if you file for citizenship, you'll need a USA address and who will monitor the mail? Could your wife remain in the USA in the short term?
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Old Mar 29th 2010, 1:00 pm
  #22  
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Default Re: Leaving the US for 9 months -

Originally Posted by JAJ
Possibly. Possibly not. Life will be a lot simpler if you keep a genuine USA residence until you become a US citizen.

Also, if you file for citizenship, you'll need a USA address and who will monitor the mail? Could your wife remain in the USA in the short term?
It's a possibility that my wife could remain over here at least until I have US citizenship. I have a lot of options and now just need to make a decision.

Thanks to everyone for your help.
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Old Mar 31st 2010, 4:05 am
  #23  
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Default Re: Leaving the US for 9 months -

Originally Posted by withoutapaddle
It's a possibility that my wife could remain over here at least until I have US citizenship. I have a lot of options and now just need to make a decision.

Thanks to everyone for your help.
Hi,

First let me say sorry the situation you find yourself in with your parents, something which a lot of P.R finds themselves in when living in the us.

I can see where your coming from in holding onto your Green card as best you can and trying to do the correct thing by filing a re-entry permit.
This is all well and good but given up your lease on your us Residency and staying outside the us for more than 6 mths "may" come back and haunt you on your return to the us...even with a re-entry permit. As say you got pulled over for secondary inspection and not having a us Residency and "properly" no Employment "may" give you problems at P.O.E as they "may" see you as a classic abandonment case.

If you do give up your lease in the us, is it possible that you or your wife's family could put you both up for a while and live there for a bit? on the understanding that soon as your both back from the uk then you both move out and get your new place to live.....

If you do apply for a re-entry but some uscis offices can do walk-in Fingerprints, so make a info pass appointment and if you can get your fingerprints done before you go, then you can have your travel document sent to London for you to pick up...but Fingerprints must be done before you leave…

For the Future though, if you can get back in the us within 6 mths then this won't break any requirements if/when you want to become a usc in the future... this can be positive in any future travels you may do in the future and not dealing with the uscis anymore..

If possible make shorter trips and keep your lease going or move in with Family/friends and then maybe go for usc asap.....this is what? $ 380 more than the re-entry permit i think.. and take's around 90/180 days but the norm is about 120 days..

Whatever you decide to do i hope your Folks are doing well...
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Old Apr 28th 2010, 7:10 am
  #24  
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Default Re: Leaving the US for 9 months -

I don't know why the USCIS states on their website that a re-entry permit is only needed if leaving the U.S. for a year or longer.

My mother-in-law (PR) is now leaving for Pakistan for 5.5 months. She has been hearing from her friends that due to new rules, a PR has to come back within 5 months or face complications at their POE upon return.

Does the U.S. have different rules for different countries regarding the rules of abandonement of permanent resident status?
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Old Apr 28th 2010, 7:17 am
  #25  
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Default Re: Leaving the US for 9 months -

Originally Posted by superdesi
I don't know why the USCIS states on their website that a re-entry permit is only needed if leaving the U.S. for a year or longer.
Because that's how it works. A re-entry permit is recommended if you will be out of the USA for more than 1 year. The re-entry permit allows you to be outside the USA for up to 2 years. If you will be out of the USA less than 1 year, you don't need the re-entry permit.

My mother-in-law (PR) is now leaving for Pakistan for 5.5 months. She has been hearing from her friends that due to new rules, a PR has to come back within 5 months or face complications at their POE upon return.
I don't think that's a "new" rule. It's recommended for a PR to avoid being outside the USA for more than 6 continuous months. If it gets to be between 6 - 12 months outside the USA, the POE officer has the right to ask why the PR was out for so long, and has the right to determine whether PR status was abandoned or not. Of course they can do this no matter how long a PR is outside the USA, but after 6 months it becomes more of an issue.

Does the U.S. have different rules for different countries regarding the rules of abandonement of permanent resident status?
No.

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Old Apr 28th 2010, 8:15 am
  #26  
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Default Re: Leaving the US for 9 months -

I was gone 11mths I had no idea about re entry permits. The POE officer was very nice, told me I was cutting it a bit fine and not to do that again.
So I got my citizenship as soon as I was eligible.
I don't think I'd have chanced going for that long without the permit again.
Can you wait and get citizenship before both moving, and do frequent short trips in the meantime?
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Old Apr 28th 2010, 8:27 am
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Default Re: Leaving the US for 9 months -

Thank you Noorah for clarifying the issue of the permit. You explained it marvelously. You have been helpful since I joined this forum in 2003........and I applaud you for your continued efforts in helping others here.
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Old Apr 28th 2010, 8:36 am
  #28  
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Default Re: Leaving the US for 9 months -

Originally Posted by superdesi
Thank you Noorah for clarifying the issue of the permit. You explained it marvelously. You have been helpful since I joined this forum in 2003........and I applaud you for your continued efforts in helping others here.
You're welcome! Wow, you and I go way back, eh?

This forum was such a blessing to me during my husband's immigration, it makes me very happy to pay it back.

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Old Apr 28th 2010, 8:43 am
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Default Re: Leaving the US for 9 months -

Yes I remember..........Sadegh (I hope I got the name right).
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Old Apr 28th 2010, 8:57 am
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Default Re: Leaving the US for 9 months -

Originally Posted by Noorah101
... and has the right to determine whether PR status was abandoned or not.
To clarify... while he may think he has that right, only an IJ can make that determination. What the officer can do, is detain the PR until such time as an IJ hears the case.

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