Time Restrictions

[alaskagypsy]

My wife just received her 10 year green card earlier this year.

She wants to go back to China for an extended period.

What are the restrictions on the time a person can be out of the USA with a 10 year card and still come back to the USA and not loose the 10 year card and have to start all over?

[Randy W]

There is no set time period that will lead to problems, but if it's over 6 months to a year, you should look into the Advance Parole, or whatever else might be necessary to get her back in the country. Including bringing evidence of US domicile and tax returns, etc.

 

Hopefully, you're talking about a one time thing. It can lead to a recision hearing, or, in an extreme case, denial at the POE.

[dnoblett]

If extended time out of country, a re-entry permit will be needed for periods longer than 1 year but less than 2 years, it is recommended to get one if longer than 6 months. (File form I-131)

 

NOTE: If period is longer than 6 months it WILL reset the residency time needed for application for US Citizenship.

Edited November 4, 2008 by dnoblett (see edit history)

[david_dawei]

http://candleforlove.com/forums/index.php?...c=11341&hl=

[Richard & Li]

Sorry, I know - this is

 

What irritates me is this. The never ending scrutinization of people who have demonstrated they will abide by the law benefits WHOM?

 

The bureaucracy and staffing necessary to process all this paperwork and make these nitpicking decisions must be huge and tremendously expensive.

 

How is our country served by denying re-entry to someone who has achieved 'permanent' residency? What does 6 months, or a year, or even 2 years outside the US change about a person?

 

A friend of mine's wife is from England. They've been married for 35 years. She went to England last year to take care of her terminally ill mother. When coming back 'home' her permanent green card was seized and she was required to re-apply for a 10 year green card. Welcome back to America!

[mchina34]

My wife just received her 10 year green card earlier this year.

She wants to go back to China for an extended period.

What are the restrictions on the time a person can be out of the USA with a 10 year card and still come back to the USA and not loose the 10 year card and have to start all over?

 

 

I once read after a year they can take back the GC, or at least deny her at POE. Like most on the Internet, I won't reference any legit source to back my statement(s).

[dnoblett]

Sorry, I know - this is

 

What irritates me is this. The never ending scrutinization of people who have demonstrated they will abide by the law benefits WHOM?

 

The bureaucracy and staffing necessary to process all this paperwork and make these nitpicking decisions must be huge and tremendously expensive.

 

How is our country served by denying re-entry to someone who has achieved 'permanent' residency? What does 6 months, or a year, or even 2 years outside the US change about a person?

 

A friend of mine's wife is from England. They've been married for 35 years. She went to England last year to take care of her terminally ill mother. When coming back 'home' her permanent green card was seized and she was required to re-apply for a 10 year green card. Welcome back to America!

NOTE: A Green-card is for a NON-Citizen to Reside in the USA, it is not a "Permanent" "Visa" card for the convenience of being a resident of a foreign country and making it easy to "VISIT" the USA every so often without dealing with visas. The only way to deal with this is to become a US Citizen, this way you will always be welcome to return as a CITIZEN of the USA.

 

Came up the other day on VJ: http://www.visajourney.com/forums/index.ph...=158516&hl=

 

My wife just received her 10 year green card earlier this year.

She wants to go back to China for an extended period.

What are the restrictions on the time a person can be out of the USA with a 10 year card and still come back to the USA and not loose the 10 year card and have to start all over?

 

I once read after a year they can take back the GC, or at least deny her at POE. Like most on the Internet, I won't reference any legit source to back my statement(s).

USCIS:

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

 

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
   
  
• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
   
  
• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
   
  
• Fail to file income tax returns while living outside of the US for any period.
   
  
• Declare yourself a ¡°nonimmigrant¡± on your tax returns.
  

 

Since the POE is run by CBP which is under Homeland Security, they can and do enforce immigrations law.

[Corbin]

Since the POE is run by CBP which is under Homeland Security, they can and do enforce immigrations law.

And they say we are in the land of the free. Just ignore the man behind the smoking curtains and mirrors. B)