i just got in the US this january 2007, i got my green card last month feb 2007 . im from the philippines im planning to go back to the philippines next week bec. i for got to bring extra document like birth certicate, transcript of record and etc. , that might be needed in the near future purposes . also i would like to spend my 6months in the philippines with my friends and relatives bec. it will take long before i can go back again bec. air fare is to expensive. will there be a problem when i go back to the US after 6 month?
any suggestion and opinion is highly appreciated, thank you in advance
If you will come back to the US "before" six months (from the day of your departure), you don't have to do anything. But if you predict that you'll be outside of the US for 181 days or more, you have to file Form I-131 before you depart. (Just please give my regards to Tita Glo. Ow, saka pasalubong na danggit).
___________________________________________________________________ "The letter of the law is a sword that killeth; its intent is a spirit that giveth life."
I found this on the web - 6 months should be okay according to this article.
As per the basic rule of Permanent residency ( Green card) Travel for over 6 months may break the continuous residence requirement and you may loose your permanent residency status.
If you a Permanent resplendent( Green card holder) and planning to travel outside of USA, and remain outside for more then 6 months, you must get a Re-entry permit to keep your Green Card alive and prevent any issue to re-enter into USA. Re-entry permits are generally valid for two years from the date of issuance of the re-entry permit.
A re-entry permit can help prevent two types of problems: (1) Your Permanent Resident Card becoming technically invalid for re-entry into the United States (U.S.), if you are absent from the U.S. for 1 year or more. (2) Your U.S. permanent residence being considered as abandoned for absences shorter than 1 year, if you take up residence in another country. A re-entry permit establishes a presumption that you did not abandon status, and it allows you to apply for admission to the U.S. after traveling abroad for up to 2 years, without having to obtain a returning resident visa. Re-entry permits are normally valid for 2 years from the date of issuance. You may also want to get a re-entry permit if you plan
How to get a re-entry permit?
If you want to get a re-entry permit, file Form I-131, Application for Travel Document. , complete with supporting documentation, photos and applicable fees. This form can be downloaded from our Forms and Fees page of USCIS website. You may have to provide the following document along with the application.
A copy of the alien registration receipt card; or If he has not yet received his alien registration receipt card, a copy of the biographic page of his passport and the page of his passport indicating initial admission as a permanent resident, or other evidence that the alien is a permanent resident; or A copy of the approval notice of a separate application for replacement of the alien registration receipt card or temporary evidence of permanent resident status. The address to send the application is given in the form itself. Send the completed form, fee and other required documents through a registered/certified mail.
You should file this application well in advance of your planned trip.
What will happen if you not apply for a re-entry permit before I travel outside of the U.S. ?
If you are a permanent resident who plans to travel outside of the U.S. for one year or more, it is important that you apply for a re-entry permit before you depart the U.S. If you stay outside of the U.S. for one year or more and did not apply for a re-entry permit before you left, then you may be considered to have abandoned your permanent resident status and may be refused entry into the U.S. if you try to return. If you are in this situation, contact the U.S. Consulate about a returning resident visa. Can I apply for the re-entry permit and then leave, even though I don't have the re-entry permit in my possession yet? U.S. immigration law does not require that you have the re-entry document in your possession when you depart, but it does require that you apply for the permit before you leave the U.S. We may be able to send your re-entry permit to the U.S. Consulate or Embassy in the country you plan on visiting, but you'll need to specifically request this when you file your I-131. If you choose this option, you should contact the U.S. Consulate or Embassy in the country you plan on visiting when you arrive, to let them know how to contact you while you are in that country. The U.S. Consulate or Embassy may then contact you if your application is approved and your permit has arrived there.
It is advisable to plan your trip in advance and get this document before traveling for peace of mind.
I thought that whole idea of immigrating to America was to actually LIVE in America. You have been in America for about two months, and already you're going to leave for six months.
You said it eexactly right and its not only a rule its the law " If A Permanent resident(cy) ~ Green card travels for over 6 months will break the continuous residence requirements and will loose permanent residency status "
Unless you apply for I-131 and have it approved,before you leave!
SunDevil, I had the same thoughts as you lol...
I also witness and met people,who thought just because they have a greencard for life,and can leave the US for couple years and come whenever they want lol....
In almost every country,if you are a resident only of a country,you loose your residency also if you are away for more than 6 months unless you apply in that country for something like the US does I-131.So this residency status is actually in most countries the same rule.
Originally posted by ProudUSC: As per the basic rule of Permanent residency ( Green card) Travel for over 6 months may break the continuous residence requirement and you may loose your permanent residency status.
quote:
Originally posted by HBKHBK:You said it eexactly right and its not only a rule its the law " If A Permanent resident(cy) ~ Green card travels for over 6 months will break the continuous residence requirements and will loose permanent residency status "
HBKHBK- "will loose" is not in the Law! and very different from "may loose"
quote:
Originally posted by HBKHBK:Unless you apply for I-131 and have it approved,before you leave!
Not completely true either. One should apply for re-entry permit (if needed) before he/she leaves, but doesn't need to wait for its approval.
If its not the law my friend,are you telling me applying for I-131 is optional,if you know ahead of time you'll be leaving and be gone from the US for over 6 months maybe a year?
NTFD, you're right,some I assume like to play russian rullete,and assume nothing will happen.
PS: its not an opinion,you have to wait for an approval of you I-131 or any sorts of receipt.
How can you file I-131 and just leave and claim "Well i filed it" but you actually never got a respond or if your I-131 has been processed and indeed approved,thats why you need to add bunch of evidence and documents for your absence you might take for over 6 months.
Re-entry permit does not replace GC, so if re-entry permit is denied (which I've never heard off), resident should/could be able to return using GC providing it is within 1 year of leaving.
Applying for a re-entry permit for an absence of less than 1 year, is optional.
Where it says one has to wait for approval or any sorts of notice? There is an option on form I-131, where one can indicate that he/she wishes for the re-entry permit to be sent to the embassy in the choosen country.
Posted by HBK: PS: its not an opinion,you have to wait for an approval of you I-131 or any sorts of receipt.
How can you file I-131 and just leave and claim "Well i filed it" but you actually never got a respond or if your I-131 has been processed and indeed approved,thats why you need to add bunch of evidence and documents for your absence you might take for over 6 months.
Here we are again, tossing around one of our emotion-filled opinions! I even want to call it Russian Roulette manner of judging a situation.
Have you ever before experienced to file Form I-131? Or have you ever even seen the form itself?
Well, I'm telling you, my friend, your rantings above is the opposite of the actual Form I-131 process on the ground.
Even your "bunch of evidence and documents for your absence" jargon is not normally necessary.
___________________________________________________________________ "The letter of the law is a sword that killeth; its intent is a spirit that giveth life."
i am still scratching my head how u can get a GC without a birth certificate!! And it always amazes me how soon people get on a plane and go back "home" as soon as they get it . and then i scratch a bit more wondering why 6 months.!!!
Originally posted by ntfd3: i am still scratching my head how u can get a GC without a birth certificate!! And it always amazes me how soon people get on a plane and go back "home" as soon as they get it . and then i scratch a bit more wondering why 6 months.!!!
hi, i'm also from the philippines, i can relate fully with this guy. i'll make a guess: he is relatively young, he got his GC thru processing at the american embassy in manila (that's why he didn't bring his birth certificate when he landed), and he became a permanent resident based on his parent's petition. why does he want to go back just after a month's stay? it's either due to culture shock (if this is his first travel and he misses everything and everyone he left behind) or because several people will go home (friends/relatives), he knows he'll be pink jealous seeing them on tfc (the filipino channel) at willie revillame's wowowee noontime show, or maybe he wants to vote in person for richard gomez and lito lapid in may. but i'm sure that after a couple of months or probably three, he'll be raring to come back here again, mark my word.
not all are the same , not all can adopt easily to their environment. to some people like me it takes time . pls. dont judge so easily . i dont know how to explain what im feeling , its a mix emotion. its the happiest and also the sadest day of my life. my parent petition me under 21 of green card holder. going back home is not easy air fare is to expensive i just want to "sulitin" the air fare and enjoy my vacation while im here , pls dont make me feel like i did something wrong. you all have no idea what im going through right now. im not planning to exceed my 6months.
not all are the same , not all can adopt easily to their environment. to some people like me it takes time . pls. dont judge so easily . i dont know how to explain what im feeling , its a mix emotion. its the happiest and also the sadest day of my life. my parent petition me under 21 of green card holder. going back home is not easy air fare is to expensive i just want to "sulitin" the air fare and enjoy my vacation while im here , pls dont make me feel like i did something wrong. you all have no idea what im going through right now. im not planning to exceed my 6months.
I think you're responding to an "I-don't-know-how-to-describe" posting by a poster named "chubby" yesterday where he/she made horrible judgments regarding your situation. Welcome to America! But see? All my guesses about your case, how you got your status, even about your feelings, and your plan not to exceed six months in the Philippines hit the exact marks. You will get used to your new life story in no time, believe me. Magtrabaho ka kaya muna para masulit ang pamasahe mo.
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