cher57

I stayed in the USA with my daughter applying for my green card. I had to come back in Dec 07 using my UK passport. My green card arrived with my daughter with date started Dec 1, my lawyer states I have to come back to USA by end of May 08 to keep it. Does anyone know if i come back in March for a week and use it. Then come back to UK, will the US give me a stamp in my passport, so I have longer here to sell my house etc before I get back for good. I heard I could get a year.
Many thanks.

meauxna

Was your Permanent Resident status approved before you left the US?
If not, did you have an Advance Parole document in your hand before you left?

You should ask your lawyer more about her advice and to explain the "6 months" rule that she's using. An absence that long will break your 'continuous residence' toward Naturalization, but it could begin to jeoprodize your residency status if you haven't put down roots in the US. This is a pretty individualized determination (ie not one size fits all).

If you plan on an absence from the US of 12 months or more, you must file for a re-rentry permit, and that must be applied for while you are actually in the US. Your lawyer can tell you more about that; this is the form you use to apply: http://www.uscis.gov/files/form/I-131instr.pdf

You should also find out about the US tax consequences of selling your UK house now that you are a Permanent Resident.

ian-mstm

Your lawyer is an idiot. Your GC is a valid travel document for one year outside the US. Yes, it's not a good idea to stay beyond 6 months, but that's not because you'd lose your GC, it's because it will interfere with your timeline for naturalization.


Your post is a bit confusing. Do you have the GC in your hand? If so, why would you need a stamp in your PP?

Ian

cher57

I have green card issued to me Dec 1 but I left Dec 3. My daughter has sent to me. Can I use it to go back in March and come back to UK, then go back again. Or do I need to stay there.?

cher57

I dont know if it was approved, I received the green card after I left. I did not have an advance parole doc either.
Would they let me back in then? Thanks for your reply.

Elvira

<sigh>

Ian, I'm sure if you think about it, the OP doesn't seem to be terribly clued up about this whole permanent residency lark, so it is just possible that 'something may have got lost in translation'.

So I would cut that unknown lawyer some slack...

cher57

Sorry I am new to all this, the last time I had a green card was when I was married to my ex, over 24 years ago.
I came back from the USA without any travel docs, as I had to get back to work to pay my mortgage. My lawyer said she would get me transferred to London to sort green card. But then my green card was approved with the date a day before I left. It arrived late Dec and my daughter sent it to me here in UK. My lawyer said I could use it but needed to be back by end of May.
What do I have to do to stay here for a year, nothing?
Thanks.

meauxna

Ian, I have to agree. That phrase has a lot of punch, and is useful when used in small doses, but does it really apply here?
A lot of lawyers stick to the 6-months 'rule' to be conservative, and this OP is a good example of why. A lot of people think that once they have 'the card' they can live elsewhere.

If the 'resident since' date is December 1, that is the day you were given Permanent Resident status. It's fine that you left on the 3rd and that your card was sent to you.
You can use your Green Card now every time you enter the US.

You can leave the US again, but you should do some research on how long you can be away.. as I said above, this is individual to each person--there isn't a hard and fast rule other than the re-entry permit info above.

The bottom line is that you are now a Permanent Resident of the US, and you're expected to make this your primary home. If you're taking steps toward that, there should not be a problem.

There are some things you can read up on to understand your new status and the rights and responsibilities you've now got:

Now That You Are A Permanent Resident

Welcome to the United States: A Guide for New Immigrants

The webpage associated with that last link is quite good too--I've just started picking through it.

meauxna

If you are going to stay outside the US for a year, you should talk to your lawyer and ask about a re-entry permit.

cher57

Thanks very much for all your help tonight, it has certainly helped me understand the situation more clearly.

ian-mstm

The OP indicated in her first post that she was back in the UK to sell her house "before I get back for good". From what she's written, she doesn't intend to "live elsewhere". Personally, I think that if it takes a year to sell her house, she needs to lower the price!


I agree that a re-entry permit is probably a good idea, but Mr. F. has confirmed, on a number of occasions, that a GC is valid re-entry document even for absences up to one year.

Ian

Folinskyinla

Hi:

I don't know your case and you have not been too clear on what your situation is. I also feel that it just MIGHT be something you really don't want to talk about on the internet. Maybe it is OK, maybe not.

I think other posters are reaching conclusions before knowing all, or at least a substantial portion of the facts.

I suggest you ASK your lawyer a very simple question -- "why?" She should be able to give a short explanations.

cher57

Just to let you all know, I have been in contact with my lawyer.
She has said I can go back for a week using my GC but to apply
for a re-entry permit whilst there so I can get back up to a year
later. So I dont lose my GC.
Thanks for all your comments.

Noorah101

You can't apply for a re-entry permit from outside the USA. You have to apply for it inside the USA, before you leave. You can leave before you have the re-entry permit in hand, but you must apply for it from inside the USA before you leave.

Rene

fatbrit

Your lawyer's advice doesn't seem to correlate with the information you gave here on this site.

Possibilities:
1/ You gave the wrong information here.
2/ You misinterpreted what your attorney said.
3/ Your attorney doesn't know what s/he is doing.