goldenlobster

I am a UK citizen married to a USC. I am a green card holder.

Just under six months ago me and my wife came over to the UK to spend some time with my parents who have health problems. It was always our intention to return to the US and still is.

My question is am I likely to experience problems re-entering the US with my green card as when we left we gave up the lease on our apartment?

I still have all my bank accounts, credit cards in the US. I also have all my income going into a US bank account and have the whole time we have been in the UK.

A friend has told me that if I return within 6 months I shouldn't have a problem, but I may have more of a problem if I remain out for more than 6 months.

The USCIS website states that...

"A green card is valid for readmission to the United States after a trip abroad if you do not leave for longer than 1 year. If your trip will last longer than 1 year, a reentry permit is needed."

So, can I stay longer than 6 months or should I return before the 6 months is up. And do I have a problem because I gave up our apartment in the US?

Thanks

crg

LPRs who are out less than 6 months are not subject to most grounds of inadmissibility (they are still subject to criminal grounds for example regardless of the diration of the trip).

LPRs out more than 6 months are subject to almost all grounds of inadmissibility.

The fact of the matter is that an LPR can be placed in removal proceedings for suspected abandonment regardless of how long they have been out of the US but the likelyhood goes up the longer they have been out.

So in your case,the more or less than six months isn't really an issue. The question is if you have abandoned, or have not abandoned your US residence.

How long do you plan to stay in the US? Are you coming to dip your toe on US soil and go straight back? Have you had other long trips? Do you have a place to live and a job outside the US? The decision will be made based on a totality of circumstances. Being out less than 6 months does not prevent them from sending you to see a judge if they believe you have abandoned.

Someone may suggest a Reentry Permit. Keep in mind that a reentry permit allows someone to be away from their US residence for more than one year, but less that 2. A Reentry Permit does not prevent someone from being sent to a judge for suspected abandonment either.

Do you plan to resume residing in the US and if so, when?

goldenlobster

I have had no other trips out of the US at all in the whole time I was over there. This was the first time I had left the US in 2 years since getting my permanent resident card. I entered the US in 2005 and I got my permanent resident card in 2008.

Ideally I would like to return, sort out a place to live and then perhaps return for a shorter visit (maybe 1-2 weeks) to check on my parents who have both recently had surgery. Then I would return to the US and not make any more trips for 6-12 months.

How does all this sound? Do you think I will have problems?

crg

No. I really don't.

meauxna

What status did your AmCit wife enter with? Tourist? Is her time running short?

If you applied for a visa or resident status for her in the UK, it may be an issue.

goldenlobster

My wife entered as a tourist and can only stay legally for six months.

It was never our intent to stay permanently and so we haven't applied for a visa or resident status for her.

meauxna

Great, that works in your favor.

goldenlobster

One thing I am a little concerned about is if I am asked where I was living in the UK as we rented a furnished apartment.

We knew when we came over that we didn't want to stay in hotels or stay with friends, so we rented a small apartment.

With us giving up our apartment in the US and renting one in the UK this could look like an attempt to settle rather than visit. How should I deal with this if asked when I attempt to re-enter?

meauxna

I don't know; I've never seen anyone report being asked that at a cursory re-entry.
Don't over think it, just be aware of the issues (as you are).

goldenlobster

Okay, thanks for the replies.

One last question which may seem rather dumb....

When I re-enter the US do they have a seperate desk for GC holders? Or do I just queue with the regular visitors?

henryh

Depends on the Port of Entry. Most have one line for visitors and one line for US citizens and LPRs, but in some places they make LPRs queue with the visitors.

discoviking

They usually have signs up, and someone directing you to the correct line.