Extended Stay

[djwalker60]

Greetings to Everyone:

 

We'll it's that time that my wife wants to visit her relatives & friends with our little one. So, she has this extended stay planned for going back to Guangzhou. She is to leave in May and stay until End of September, 5 months.. !!! She wants to stay long enough to have our son's first birthday in Guangzhou with her family and friends there. Now I am to travel about two weeks prior to that so we can actually do some real "tourist" things, mainly for me. We'll to the point of this.. I understand that there is a rule/law that indicates that a person can travel outside of the U.S for no more than 6 months on a Green Card. Has anyone heard of anyone having any issues coming back to the U.S after 4+ months but coming back BEFORE the 6 months? I do not want any issues with our wonderful Department of Homeland Security or USCIS or any other government entity. Also, would it be the USCIS or the DHS (Department of Homeland Security) who oversees this policy?

 

Thanks In advanced.

 

Dan

Seattle.

[dnoblett]

The rule is 1 year, if remain out of USA for 1 year or longer will need either a Re-entry permit (I-131 filed) or a Returning resident visa. Periods longer than 6 months to 1 year may get extra questioning at the POE when returning.

 

If planning on eventually applying for US citizenship, then periods longer than 6 months will affect when can file for citizenship.

 

USCIS:

 

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the ¡°INA¡± link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

 

 

Abandoning Permanent Resident Status

 

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 United States for more than 1 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 United States may be considered, even if less than 1 year
• Remain outside of the United States for more than 2 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 United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a ¡°nonimmigrant¡± on your tax returns

 

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

[donjing]

 

My wife has been gone four and a half months and is waiting for an evening flight out of Chicago to get home right now. She has had no problems getting through customs with a 2 year green card. So you should be good to go. Hopefully this flight tonight will not be cancelled like her one this morning. I'll throw a steak on the grill when she gets here.

[djwalker60]

Thank you both... I just wanted to be sure because you know getting this visa / green card done is not an easy task with our wonderful government.... We will be coming back together, so I do plan on bring her through the US Citizen line along with my son who IS a US Citizen, but "Made In China".....

 

 

Oh, I have had the thought of my wife having a copy of our marriage certificate and also a copy of my passport along with a copy of our son's birth certificate.. Just in case...

 

Dan

Edited April 20, 2011 by djwalker60 (see edit history)

[dnoblett]

Thank you both... I just wanted to be sure because you know getting this visa / green card done is not an easy task with our wonderful government.... We will be coming back together, so I do plan on bring her through the US Citizen line along with my son who IS a US Citizen, but "Made In China".....

 

 

Oh, I have had the thought of my wife having a copy of our marriage certificate and also a copy of my passport along with a copy of our son's birth certificate.. Just in case...

 

Dan

 

Chicago has two lines, Visitor's/Immigrants and Citizen/Resident. Green-card holder is a resident so follows Citizens when returning to the USA. Most POE are set up like this from what I see.

[Randy W]

Don't take too much for granite () - ANY length of stay can be interpreted as abandoning residency. Be prepared to answer questions about the nature of the trip and to show that she is returning to her US home (joint bank accounts, letters addressed to her, etc.). Like the others are saying, it shouldn't be an issue, but a little bit of preparedness MAY save some minor headaches.

[Beachey]

Are there any guidelines about how long the stay in the US has to be? If one would fly to Honolulu or Anchorage, go through customs and get on a return flight an hour later, would that count?

 

 

[Randy W]

Are there any guidelines about how long the stay in the US has to be? If one would fly to Honolulu or Anchorage, go through customs and get on a return flight an hour later, would that count?

 

 

 

 

You MAY get away with circumventing immigrations in that way - maybe not. If they NOTICE what you're doing - No.

 

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.

 

 

A good rule of thumb to go by is simply, "Where do you live?" Have you maintained a US residence that you intend to go back to?

[dnoblett]

Are there any guidelines about how long the stay in the US has to be? If one would fly to Honolulu or Anchorage, go through customs and get on a return flight an hour later, would that count?

 

The POE does track this, and can decide that you are not residing in the USA and can simply consider the green card as revoked.

 

Green card is for residing in the USA on a permanent basis, it is not a permanent "visa".

 

Some have played that game and have gotten seriously questioned on the second reentry.

[yuehan123]

Grilled indeed. The guy ahead of us at POE was told "...this (his green card) is not a travel visa. You may be denied re-entry at anytime in the future." This comment was made when the POE Officer noticed his record of travel- either on the computer, or in his passport, or both.

 

Don't forget that her tickets should be in the same name as her passport. It saves a lot of heartache!

[Kaige]

If your son is an american citizen then you can go to the local police station and get 3 month extension, after that 6 month time is up you will have to go to hong kong and get new visa to go to china

[dnoblett]

If your son is an american citizen then you can go to the local police station and get 3 month extension, after that 6 month time is up you will have to go to hong kong and get new visa to go to china

 

Note: The topic is about a US Permanent resident (Green-Card holder) visiting China, and how long without risking loosing residency status (Green-Card) in the USA.

[djwalker60]

Greetings, again.. Speaking of Visa (Chinese that is) My son will be with the wife for more than 60 Days in China with the wife. I believe that he can stay in China for up to 90 Days on the Visa. Then at that point, a trip to Hong Kong would satisfy the 90 day rule, correct? or is there something else that needs to be done?

 

Thanks Again

Dan

[djwalker60]

We'll Dan again here. We'll after reading a few more posts here I began to have concerns. Yes my wife is staying a bit longer than I would like, and I really do not have any faith in our USCIS or the DHS or the NVC. She does have a valid Green Card and yes my son will be with her (made in China but born in the US).. From the post here, the general thought is that she will NOT have any issues coming back into the states. I will also be with her, but what is the worse case anyone ever heard of trying to come back? Not trying to be a half empty glass guy, but trying to have all possible situations covered.

 

Thanks Again

D-

[Randy W]

We'll Dan again here. We'll after reading a few more posts here I began to have concerns. Yes my wife is staying a bit longer than I would like, and I really do not have any faith in our USCIS or the DHS or the NVC. She does have a valid Green Card and yes my son will be with her (made in China but born in the US).. From the post here, the general thought is that she will NOT have any issues coming back into the states. I will also be with her, but what is the worse case anyone ever heard of trying to come back? Not trying to be a half empty glass guy, but trying to have all possible situations covered.

 

Thanks Again

D-

 

 

You might get yelled at.

 

Seriously, just have your/her US residence reasonably documented, and be ready to discuss the nature of her trip.

 

There is no "90 day rule" (or 60 day for that matter). The duration of the stay will be stamped on his visa. Request a 90 day, multiple entry visa and see if you don't get it.

 

Then, if it hits the end of his stay, have her go to the PSB Entry/Exit Bureau (she'll know where it is) to get it extended.