rolland

I've got a friend that was more then 6 months outside of the US(about 8 months). He is a greeencard holder and he is asking if he is going to have any problems when he'll get back! His reason for more then 6 months is a prolonged vacation!
If you've experienced something similar, please give me an answer!
Rolland

ian-mstm

I take it your friend didn't get a re-entry permit, right? At any rate, and speaking in general terms, as long as he's been out of the US less than a year, his GC is still valid. Mind you, it is *always* up to the officer at the PoE. That said, as a PR, he will always be entitled to a hearing before an Immigration Judge if he runs into any difficulty.


Doesn't sound nearly as good a reason as "sitting at the beside of a dying relative".

Ian

rolland

He didn't get any permit entry! He will just show up at the border! I'm assuming that the time outside US will be deducted from his total time in the US, in order to apply to citizenship. How many times the reentry is denied in these kind of cases?

ian-mstm

Any trip outside the US for more than 6 months interrupts the "continuous residency" requirement for naturalization.


Statistics are not usually kept on such things... and there is no way to know in advance whether or not he'll be admitted. As a PR, he has the right to appear before an IJ... but, as I say, being outside the US for less than a year isn't usually a serious problem. The only way to know for sure, is to try to enter the US.

Ian

meauxna

Has he kept his house in the US? Family? filed his 2007 tax return or filed extension? Done anything that makes it look like he lived here?
He is allowed to be on vacation, even for 6+ months.. I am not sure there is any point in wondering about stories of sick relatives...

None of us can know if he is going to have 'problems' at entry, but he is certainly allowed to return to the US to ask for entry.

Folinskyinla

Hi:

Do not make that assumption. An absence of 6 months or more is presumed to be a break. However, that presumption does NOT become conclusive until one is out a year. Once he is out a year, his "clock" is reset to 364 of residence for natz purposes

BTW, different parts of the country treat the over 6 mos but less than 1 year absences differently. Here in LA, no problem. In other parts of the country [usually the SouthEast] I have seen problems.