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Reentry Law(rules and regulations)

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  • Reentry Law(rules and regulations)

    1.
    For what maximum length of period a person holding u.s green card can ligally stay out side
    U.S and re eter U.S on basis of green card without taking renetry permit?
    2.
    Can such person stay outside U.S for above permisibile time frame evrey consecutive year ?
    3.
    When an immigrant to U.S is suppose to have established residence in U.s ?
    4.
    Is a U.S Green card holder having no incom or having income below taxable limit and beeing shown as dependentin incomtax returns of his sponsers,required to file a seperate incom tax return?

  • #2
    1.
    For what maximum length of period a person holding u.s green card can ligally stay out side
    U.S and re eter U.S on basis of green card without taking renetry permit?
    2.
    Can such person stay outside U.S for above permisibile time frame evrey consecutive year ?
    3.
    When an immigrant to U.S is suppose to have established residence in U.s ?
    4.
    Is a U.S Green card holder having no incom or having income below taxable limit and beeing shown as dependentin incomtax returns of his sponsers,required to file a seperate incom tax return?

    Comment


    • #3
      1. One year
      2. Well... has to be less then that - or it will be more than one year :-)
      3. As soon as possible. Better, before he leaves the US for a long time
      4. No.


      In general, keep in mind, that GC does not guarantee an admission.

      The answers to your #1 and #2 only mean, that if you are out for more than a year, you will definitely not be let it.
      It does not mean however, that if you have been absent for less then a year you will necessarily be admitted.

      You will have to prove to the satisfaction of the immigration officer, that your absence was temporary, that you maintain residence in the US, and have an intent to live there.

      This may be hard to demonstrate after being away for a whole year... but it will be even harder if, after a week in you leave again for another year.

      Also, if you care about the time it takes you to get naturalized, you have to be aware, that if you are ouside for more than 6 months without a good reason, it will "disrupt your continuous presence", meaning, that you may have to start counting five years all over.

      Comment


      • #4
        Also, if you care about the time it takes you to get naturalized, you have to be aware, that if you are ouside for more than 6 months without a good reason, it will "disrupt your continuous presence", meaning, that you may have to start counting five years all over.
        YOU ARE WRONG ON THIS ONE.Absence of one year out of US does not disrupt ome's continous presence in US.A GC holder should be physically present for 30 months during five year period.

        Comment


        • #5
          "Absence of one year out of US does not disrupt ome's continous presence in US."

          -- YES, IT DOES (unless you have a good reason - like I said).

          See INA 316. [8 U.S.C. 1427](b):

          (b) Absence from the United States of more than six months but less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the application for naturalization, or during the period between the date of filing the application and the date of any hearing under section 336(a), shall break the continuity of such residence, unless the applicant shall establish to the satisfaction of the Attorney General that he did not in fact abandon his residence in the United States during such period.


          This "30 months out of 5 years" rule is a differrent thing - it is called "physical presence" requiremenet, not "continuous presence".
          The "continuos presense" requierement only cares about long absenses (more than six months, as you saw), even if there are very few of them (only one, maybe).

          The "physical presence" requirement on the other hand does not care about the length of each individual trip, but the total time you were out of the country - the idea here is to make you spend more time inside than outside.

          Comment


          • #6
            When an LPR returns to US after the absence of more than six months but less than a year, s/he has to to seek admission at POE. If IO detrmines that the LPR HAS NOT RELINQUISHED/ABONDONED residence and is otherwise admissible then IO admits the LPR, otherwise he is denied admission to US.So the very fact that the lpr is granted admission after long absence of more than six months but less than a year means that the said person has not abondened residence and goes in his favor,Advocate generals determination is mere formality.

            Comment


            • #7
              Not quite...

              Determination of the POE officer is one thing, but when you apply for naturalization, you have to document all of your trips longer than six months, and submit proof that you have maintained your permanent residence during those times.

              As you can see, you are required to establish that all over again, no weight is given to the decision of the POE officer.

              Comment


              • #8
                first of all Javed you are wrong, secondly, It is obvious that Narendrasinh is thinking about misusing his priviledge to live here. Why can't he just stay and wait out the 5 years until he qualifies for naturalization and then he can leave the country for as long as he wants. I sick of people trying to manipulate the system, if he doesn't want to live here then he should just f u c k off right now and let someone more deserving who wants to be a part of the american dream live it

                Comment


                • #9
                  "I sick of people trying to manipulate the system,"

                  Don't be so judgemental.
                  Different people may have different circumstances.

                  Besides, the system is so f-u-c-k-e-d up (pardon my french), that in many cases you just have to manipulate it to make any sense of it.


                  I myself got my green card many years ago simply because there was no way they would grant me a visitor visa. I never wanted to live in the US (then - now, I do - both, want and live :-)), just wanted to come and visit my father.
                  They refused to give me a B-2, and said that I should apply for an immigrant visa instead.

                  Now, is that stupid or what?

                  They themselves made me manipulate the system.
                  The same happened years later to my wife.
                  She was studying in her home country, and wanted to finish her college there before she moves to the US with me.
                  They would not give her any visa to come and visit me here. So, she had to get her GC, and not live in the US for a few years, until her education was over.

                  I can go on and on...
                  There are all kinds of stupidities around this system, if you look closely.

                  Whom does it hurt anyway, if an LPR stays outside for a few years? Noone. What is the purpose of this law? Make people miserable?

                  So, don't blame people for just trying to work around those crazy limitations.

                  P.S. Besides, don't you yourself advice somebody to lie on his visa application here:
                  http://discuss.ilw.com/eve/forums/a/.../m/72710662321

                  Isn't this a kind of "manipulating the system" too?
                  Note, that unlike long absences from the US, this (what you adviced there) is also ILLEGAL...

                  Comment


                  • #10
                    weasel are you still a green card holder or are you now a citizen?

                    Comment


                    • #11
                      Excuse me weasel but I wasn't advising her to do anything illegal, why don't you learn how to speak english d i c k h e a d. weasel is an appropriate name for cheapshot p r i c k as yourself

                      Comment


                      • #12
                        Paddy,

                        You seem really miserable now.
                        What's your problem?

                        Comment


                        • #13
                          I couldn't be happier weasel......I became a citizen last week, so I have a lot to shout about.

                          Comment


                          • #14
                            Attn: Mr. Paddy & Mr.Weasel
                            Mr. Paddy: I am not advicing anybody here to tell lies to immigration officers or to manipulate the system.To exercise one's right given under law can not be called manipulation.Some times an emergency can arise and one has to go back to home country for long period of time. So your advice to such person to wait for few years, become us national and then travel is unrealistic.For such situations law allows LPRS to go back to their home country for extended period of time.Law allows a person to remain absent from us for (1) Six months period, (2) up to a year and (3) up to two years.Absence under (1) is least complicated and lpr is not required to apply for admission at poe. Under (2) s/he has to seek admission at poe and under (3) a re-entery permit is needed.
                            If an lpr is returning under (2) s/he has to satisfy that s/he has not relinquished/abandoned residence. You said I am wrong but you have not mentioned Why??
                            Mr. Weasel: In a deportation case Zeba Vs Attorney General, the court has mentioned what goes to show that an lpr has intention to reside in us and has not voluntarily abandoned residence. Some of the proofs are like, filing of tax returns, having driving licience, credit cards, bank account, a us address, apartment/ house , relatives living in us etc. etc. So if a lpr can meet with some of these requirement he is fine and will be considered as resident of US and his period of absence up to a year can be counted towards continous rersidence for naturalization purpose

                            Comment


                            • #15
                              "In a deportation case Zeba Vs Attorney General, the court has mentioned what goes to show that an lpr has intention to reside in us"

                              -- That is right. If you have enough of those (and the INS agrees, that it is enough), you have nothing to worry about.

                              Comment



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