andy1

Hi all , im going back to Atlanta next month after 9 months away , i am expecting grief when i go through Immigration , anyone had similar experiences ? I am a PR by the way , but stayed back in U.K. for personel reasons .

ian-mstm

Your GC is valid as a travel document for up to 1 year out of the US. Even if they give you a hard time, they will allow you to enter the US.

Ian

andy1

Hi Ian , I am just concerned about an abandonment issue , what do you think regarding that possibility ?

ian-mstm

Only an immigration judge can determine whether or not you've abandoned your status. CBP doesn't have the authority to make that call. I don't think it'll be an issue.

Ian

andy1

Jobs a gud un !!!

fatbrit

CBP have been reported as pressuring folks to sign away their rights, though. In such a case, refuse and keep repeating the mantra: "I'm a permenant resident! I want to see the judge!"

meauxna

What are you returning to in the US? Home? Bank account? Been filing your taxes? Were you required to file I-751 during this period?

You haven't explained anything other than you are a PR and have been outside the US for 9 months. The time out on its own is likely not enough to end your status, but as always, it depends on the entire picture.

andy1

Hi , yes filed taxes , yes got a bank account, will be staying at mom in laws .

crg

How long will you be visiting the US for on this trip?

andy1

Hi , not sure yet , i have a contract to do in Atlanta , then who knows! im struggling with the recession unfortunately , what was all good is now a pile of shite !! so , in a nutshell i am flitting between the two , if theres work and its financially beneficial . Just trying to keep our heads above water !

crg

Hi,

Just be aware that it is a "lawful permanent resident" card, not a "visitor who may want to reside in the US some day if it works out for me" card.

The more you are away, the more likely you are to be placed into removal proceedings for abandonment.

andy1

Hi , appreciate that , pisses me off a bit ! all the hastle i had to go through and im still on a sticky wicket , not my fault that governments spend more money on fighting other peoples wars than getting there own house in order ! maybe people wouldnt have to do what i, and god knows how many others are doing to keep a roof over a family !

discoviking

That's why you need to naturalize, if eligible to do so. With dual UK/US citizenship, you can go back and forth as you please - assuming you are a UK citizen already.

As for the current financial climate and job situation, it sucks - for all of us. You are preaching to the choir. Is the US government responsible for creating the situation we are in now? Sure, some of their decisions over the years contributed - but so did decisions made elsewhere. Enough said. This is a debate that belongs in the Trailer Park section.

anne55

Hi-just want to fill you in on my experience, after being away from the US for 18months( much longer than you)

I am married to a USC but because of my living and residing in the US for 18 years with a GC I am here under my own right.

We left to go and try our luck in the UK!! and came back just for a vacation after 14months. On entry to Philly customs, we got in line and unfortunately got a arrogant short stop HLS guy who then directed me too an office were I had to explain my absence (as I explained my husband had no relevance at this point) so it was just me in front of a very intimidating 6ft- 300 pound officer. After an hour and a half of explaining and the officer, doing what ever on the computer in front of him, there was talk of a fine for being absent, I believe it was $450 dollars but dont quote me on that. Anyway the outcome was that I was lucky not to lose my GC for abandonment and or a fine. My luck turned as the final decision was down to a superior office (A female by the way)she was having a really good day, having just got Engaged the day before, and was on a high showing all the offices her Engagement ring and when asked she waivered all actions.

We had intended to stay in the UK, but financially it was not possible so on our return after the vacation we started making plans to come back to the USA, and returned at the end of April 4months after my incident with HLS and did not have any problems getting through customs (I did avoid Philly by the way)

I have every intention of becoming a US citizen now, but the questionnaire on the citizen website asks if you have been out of the country for more than 12months, and not knowing what is on record regarding my absence I have to wait a while before I can answer that question in my favor.

My understanding was that there is no 12month law that you can lose your GC if you are away, but that it can be much less than that if they want to push the issue. Maybe you can get more info on that from the INS websiteor from one of the many informed people on BE.

I wish you the best on your return, I know it is hard to decide what is the best thing to do. My heart is still in the UK

ian-mstm

The officer doesn't have the authority to say whether or not you've abandoned your PR status.


If you have been out of the US for more than one year, the naturalization clock resets and, once you return to the US, you must wait an additional 4 years + 1 day before you are eligible to naturalize. If you are married to a USC, that drops to 2 years + 1 day. So, it doesn't really matter what's "on record"... you know how long you were out of the US. If you're eligible, apply.

Ian