Question:

I am a U.S resident was out of country 4mths i have to leave 3 july will there be a problem returning to U.S?

by  |  earlier

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i returned on the 1st june now i have to leave again on the 3 july, i wanna know if i'll be a problem returning?

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  1. no it states that u have to enter the country every 6 mnths. u can stay only 1 day in the US if u wish to just u have to have the entry stamp to show to immigration if they ask u for it.


  2. Laws get up dated from time to time.

    So check with state department(immigration and Naturalisation) or consulate but per law that I was aware of you need to return in 1 year and then step out within hours of your return to USA. Special permission under certain conditions were granted but it was at best a big hassle. Also it depends on which country you are in, provisions(law and the restrictions) were different for different countries.

    I think it is on the green card also in a very fine prints.

  3. Depends on how long you're gone for. As long as it's not more than 6 months, you'll be ok.

  4. A resident alien can be outside the U.S. and return to the U.S. with just the green card after an absence of up to a year. Of course, the returning resident must be returning to an unrelinquished residence after a temporary trip abroad. If the center of your vital interests has shifted to a place outside the U.S., it doesn't matter how long you've been gone.

    If you move to China, for example, and have permanent resident status in China, you will lose your resident status in the U.S. no matter how long you're gone or how often you come to the U.S.

    The key issues are:  Where is your actual dwelling place without regard to intent? Do you actually live in the U.S.? Was your trip temporary in its nature? Is the center of your vital interests the U.S.? Are you still employed in the U.S.? Do you pay taxes as a resident in the U.S.? And, of course, why were you outside the U.S.?

    You're allowed to be gone up to a year without having to present a Reentry Permit which is valid for two years. See 8 CFR 211.1(a) for a reference.

  5. If you are gone for a total of more than 6 months, then yes you may have trouble re-entering USA.

    Basically, if you have already been out of the country for 4 months, then you cannot be absent for more than 2 months. So be back in USA by the end of August and you should be ok.

    BUT once you get back, you cannot leave USA for a minimum of 6 months.

    And if you continue leaving like this, you may be denied reentry on the grounds that you are not living permanently in USA.

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