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4 and a half month absence from the US

4 and a half month absence from the US

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Old Sep 30th 2015, 8:33 am
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Default 4 and a half month absence from the US

Hi everyone!

It's been a good while since I've posted on here. I hope you're all well.

So... long story short... In the beginning of June I went home to London as I was experiencing difficulties in my marriage. My wife and I felt it might do us some good and we wanted to see if we could work out our issues apart because we were having no luck figuring them out together. On top of that my parents relationship had broken down and with younger siblings involved I felt like I needed to be home for a while.

Now after 4 months I think my wife and I have decided we don't want to give up the fight. So I'm planning on returning to the US.

Whilst I been here in the UK I've been doing temping work to get by.

I've been maintaining all my US accounts, paying car insurance, car payments, phone bill etc since I've left.

Does anyone know if I'm likely to experience difficulties when arriving in the US because I've been gone for 4.5 months? If so, what can I do to help my case.

I read that anything under 6 months doesn't usually raise any flags but I'm worried that with me still being on my conditional GC they will be more strict about it.

Thanks so much guys!
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Old Sep 30th 2015, 10:55 am
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Default Re: 4 and a half month absence from the US

There shouldn't be a problem at all. For immigration purposes, a green card is a green card and 4.5 months, I believe, is not long enough to raise any flags.

You may get questioned (although I doubt it) and you can follow the golden rule of answering exactly what you're asked and no more, but otherwise, I doubt you'll have issues.

The more knowledgeable will be waking up soon (it's still only 7:00am on the east coast) and will, no doubt, correct me if I'm wrong, but the answers are definitely on this site!
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Old Sep 30th 2015, 11:08 am
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Default Re: 4 and a half month absence from the US

Originally Posted by GarethB789
Does anyone know if I'm likely to experience difficulties when arriving in the US because I've been gone for 4.5 months?
It's a non-issue.


I'm worried that with me still being on my conditional GC they will be more strict about it.
No, they won't.

Ian
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Old Sep 30th 2015, 4:46 pm
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Default Re: 4 and a half month absence from the US

Great! Thanks for the info.

After how long is it generally a problem? I have a few things to tie up this end so it could enter into the 5th month.

I'll be sure to be back by the time 6 months is up.

Thanks
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Old Sep 30th 2015, 4:50 pm
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Default Re: 4 and a half month absence from the US

6 months.

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Old Sep 30th 2015, 6:28 pm
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Default Re: 4 and a half month absence from the US

Originally Posted by GarethB789
After how long is it generally a problem?
Your GC (conditional or not) is a valid travel document for up to 1 year. Fewer than 6 months' absence is usually never an issue.

Ian
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Old Sep 30th 2015, 6:54 pm
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Default Re: 4 and a half month absence from the US

Originally Posted by ian-mstm
Your GC (conditional or not) is a valid travel document for up to 1 year. Fewer than 6 months' absence is usually never an issue.

Ian
6-12 months usually isn't either. The worst that the CBP officer can do is refer you to an immigration court, where you have the opportunity to show the multiple ties you have retained with the US.
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Old Oct 5th 2015, 9:39 pm
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Default Re: 4 and a half month absence from the US

Wouldn't 4.5month absence be a problem when applying for U.S. citizenship?
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Old Oct 5th 2015, 9:54 pm
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Default Re: 4 and a half month absence from the US

Originally Posted by octopus7
Wouldn't 4.5month absence be a problem when applying for U.S. citizenship?
Maybe... maybe not. The answer depends on how much time you've already spent in the US, and the basis on which you're eligible to apply. A 4.5 month absence might make you ineligible to apply for some time... or it might not make any difference whatsoever.

Generally speaking, a 4.5 month absence will make no difference whatsoever.

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Old Oct 6th 2015, 11:38 am
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Default Re: 4 and a half month absence from the US

Thanks for the input guys.

It'll probably more like a 5 month absence but I'm guessing this is still generally ok.

I'll be mindful to keep future trips to a short time frame just in case it has a detrimental affect on gaining citizenship.
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Old Oct 6th 2015, 1:08 pm
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Default Re: 4 and a half month absence from the US

Originally Posted by GarethB789
Thanks for the input guys.

It'll probably more like a 5 month absence but I'm guessing this is still generally ok.

I'll be mindful to keep future trips to a short time frame just in case it has a detrimental affect on gaining citizenship.
Generally, time outside the US (periods short enough not to impact your permanent residence status), only delay the time when you're eligible to file for citizenship. In extreme cases they might reset the clock to zero. The only way I am aware that the periods outside the US would actually prevent eventually gaining citizenship is if the absences invalidated your permanent residence status. In other words, there is always the possibility of obtaining citizenship so long as you are a permanent resident.
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Old Oct 6th 2015, 1:41 pm
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Default Re: 4 and a half month absence from the US

Originally Posted by Pulaski
In other words, there is always the possibility of obtaining citizenship so long as you are a permanent resident.
Well, always... with one exception. If you have ever claimed to be a US citizen when, in fact, you weren't, you become permanently ineligible to apply for citizenship. But, that aside, what you've said is true.

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Old Oct 6th 2015, 1:55 pm
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Default Re: 4 and a half month absence from the US

Originally Posted by ian-mstm
Well, always... with one exception. If you have ever claimed to be a US citizen when, in fact, you weren't, you become permanently ineligible to apply for citizenship. .....
True. Also if you commit a felony I suspect you would find yourself stripped of your green card and deported. If Mr Folinsky sees this he might have some other esoteric examples of permanent residents who were unable to naturalise as a USC.
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Old Oct 16th 2015, 2:14 pm
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Default Re: 4 and a half month absence from the US

Hi All

So I've booked my flight for the 3rd December which will mean an absence of 5 months and 6 days. I can't travel sooner for personal reasons. It's also worth noting that I went back to London in February for 10 days so in the rolling year I would have been outside the US for 5 months and 16 days.

Do you guys reckon I'll still be ok?
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Old Oct 16th 2015, 2:58 pm
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Default Re: 4 and a half month absence from the US

Originally Posted by GarethB789
Hi All

So I've booked my flight for the 3rd December which will mean an absence of 5 months and 6 days. I can't travel sooner for personal reasons. It's also worth noting that I went back to London in February for 10 days so in the rolling year I would have been outside the US for 5 months and 16 days.

Do you guys reckon I'll still be ok?
Yup. No problem. Enjoy your trip.
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