What proof does a permanent resident need for re-entry after a 10 month absence?

Phil

UPDATED: You can leave and return on your green card up to a year.

"A permanent resident alien returning to the United States from a visit abroad of less than a year may apply for readmission by presenting an Alien Registration Receipt Card ("green card") to the immigration authorities at a port of entry. "

If you are going to be gone more than a year you should get a reentry permit IN ADVANCE (apply, you don't have to wait for it to leave but you can only apply in the US).

"A permanent resident alien who intends to remain abroad for more than a year should, at least 30 days prior to the proposed date of departure, apply while in the United States to the U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security for Reentry Permit. The permit is valid for two years and may not be extended. "

If you don't and you are gone more than one year you can apply for a returning resident visa, SB-1.

"Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa."

For an SB-1 visa it's not good though...You will have to prove that the reasons you did not return were beyond your control.

http://travel.state.gov/visa/immigrants/info/info_1333.html

WhyMe?

It is true that your card can be redeemed anytime even if you haven't been out for 6 months or more BUT that only occurs if they see that you have no intent to live in the US permanently. Some people seem to mix up the naturalization requirement (less than 6 months outside the US) with the permanent residency requirement (less than a year outside the US)...If you have a US bank account and if you have paid US federal taxes as a resident, I can't see why you couldn't re-enter. Don't worry, if you have enough evidence, you will be let in. It is not true that you can't leave the US for more than 6 months but you will probably need to explain the reason for your long absence. As for your online school, I don't think it would hurt to take your ID and show that you have such commitment to the US. There is nothing to lose with that but I'm sure that won't count as primary evidence.

Sweetharttt

Unless you have special permission to be out of the U. S. of A. for more than a six month stretch, the government may have deemed your green card as being abandoned. Apparently you have not been going to school here for at least 10 months, so I do not see that being evidence..... and on line courses won't help much.

mamour

you really need to read this text about how student must study from a university in the US:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=53f8168b64643b544b61ab235a9db0bb

the fact that you have dropped out of school for 10 months,probably stopped your student status,
you should have re-apply after 5 months of absence,
as far as you being out of the US for 10months? you probably have lost your green card rights:
International Travel
A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

You can find more information about travel documents from "How Do I Get a Travel Document?"
Maintaining Permanent Residence
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.

hbouhl@ymail.com

Were you born in the U.S.? If so, all you need is your birth certificate and possibly your U.S. drivers license to prove you are a U.S. resident.

A U.S. education is not going to count for anything and neither will a student ID.

manpreet singh

9 Feb 2010 ... I am an australian permanent resident ,so how long i can stay in india can i ... length of time after the first 5 years, you must apply for a 5 year Resident Return visa. ... Am i allowed outside of Australia for more than 6 months, ... my son in law was arrested last

Enter Your Message or Comment

User Name:
User Email:
Post a comment: