Permanent resident returning to the US after a long stay

[losinspa]

I am a permanent resident since 2001 and received my 10 years green card in November 2004. Shortly after (mid-March 2005), I had to leave the US for family matters. What I thought would be a few months turned out to be longer and it can be even longer. I have no intentions of relinquishing my residency as my husband who's a US citizen, lives in the US. We have no intention to seperate either.

I finally have an opportunity to go and see him at the end of the month. I know I'm supposed to be back within a year but the trick is, I can only stay a week. My obligations back in Europe don't allow me more. Do you think it is going to be a problem to re-enter the country? Should I even talk about it at the embassy services?

Thank you for your help.

[Kayalami]

My understanding of US immigration law is that the matter of maintaining PR status has a significant intent factor though such is influenced by length of absence from the US. If you are away for up to a year then the burden of proof falls on the DHS to challenge your PR at a port of entry. Over the 1 yr mark you have the burden of proof and in most cases I understand you are deemed to have abandoned your PR. I would try and fly back before your 1 yr departure anniversary.

In the longer term apply for a returning resident permit which is good for 2 years. Of course your USC spouse could always petition for you in the immediate relative category if PR status is lost. Note that depending on what you are doing outside the US such may strengthen your position e.g. working for the US government, or secondment by US company. Are you filing taxes cos this helps too? Its best to get US citizenship as this is the only absolute guarantee you have to enter and remain in the US regardless of absences.

[losinspa]

Thanks Kayalami,

It was my intention to fly back before the year is over but I'm affraid of being denied entry anyway.

Do you know how long it takes to get a re-entry permit ? I cannot stay in the US more than a week, at least for now. I can't apply from abroad? Can my husband apply for me in advance?

Because my stay in Europe has been extended, I had to take a temp job and my boss is willing to let me go for a week but I don't think he's going to be so undertsanding with more than that.

If I am denied a re-entry, can I still come as a tourist or will I be put in the next plane back?

[Kayalami]

1. You can only apply for the re-entry permit in the US.

2. USCIS advises applicants to apply for the re-entry permit 30 days before their expected date of departure from the US. However the form can be sent on to you if you depart before it is issued - your spouse could mail it.

3. As per my initial post if you have been absent from the US for more than 1 year and you do not have a re-entry permit then you need to obtain a returning resident (SB1) visa from a US consulate. In effect the US government rightly takes the view that you have a green card because you intend to permanently reside in the US not to use it as some glorified visitor visa. If you wish a smooth entry it is imperative that you return before the 1 year mark. Note that LPR's when departing the US have their GC's swiped at check-in so the DHS likely have your exit and re-entry dates. In any case you are required to be truthful when answering an inspector's questions as to your length of absence from the US.

4. AFAIK if you are refused entry on the basis that your LPR has been abandoned then it is highly unlikely you will be admitted then or in the near to medium future as a non immigrant e.g. VWP/ B2. You may be paroled and then have to get an attorney to get your LPR status resolved - this means you would be stuck in the US until this is finalised.

5. Why are you unable to work in the US? Is your European job of fixed duration? Are you filing US taxes? Why is your spouse not accompanying you?

[dolar430]

i am a resident since 1983 and just got married in canada and was there for 4 mohts and just got back and i will be here for 30 days if i go back for another 4 months, does the 4 months from prior add to the 4 months i will be out.
and if i where to get a re-entry permit just incase i extend my stay will it affect my citizneship i dont want to loose my residency i have my parents who are citizens in the US and i work in their company and i live in the back of their house and i pay my taxes plus i also am a web designer and have a e-commerce web site where i sell clothing.
would it be a problem for me in the future applying for citizenship as to have applied for a I-131 ( re entry permit )