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Results 1 to 5 of 5

Thread: Out of the country too long?

  1. #1
    My wife (Japanese) and two children (Born in San Diego and San Francisco) have been out of the country for about two months. In the last twelve-month period, all total, they have been out of the country for about 6 months for a variety of reasons the most reason due to a family member being sick. The last time my family entered the US, they were made to go to the forigner line. My wife is a permanent resident and both children 11 mos and 3 years hold US passports. The immigration officer questioned her extensively as to why she left the country, what dose she do while she is here etc. She will be coming back in July and I plan on going to Japan and coming back with her. I am under the understanding that if you leave the country for a year or more that you are required to get some sort of permission. When we arrive back to the US, if there any reason that I need to be concerned? If they ask her to go to the foreign line again, can I also go to this line with her? Does she have to go? If she has to go to the foreign line and I cannot, would it be wise to keep the children with me? Anyway, any light anyone out there can shine on this subject, I would be grateful

  2. #2
    My wife (Japanese) and two children (Born in San Diego and San Francisco) have been out of the country for about two months. In the last twelve-month period, all total, they have been out of the country for about 6 months for a variety of reasons the most reason due to a family member being sick. The last time my family entered the US, they were made to go to the forigner line. My wife is a permanent resident and both children 11 mos and 3 years hold US passports. The immigration officer questioned her extensively as to why she left the country, what dose she do while she is here etc. She will be coming back in July and I plan on going to Japan and coming back with her. I am under the understanding that if you leave the country for a year or more that you are required to get some sort of permission. When we arrive back to the US, if there any reason that I need to be concerned? If they ask her to go to the foreign line again, can I also go to this line with her? Does she have to go? If she has to go to the foreign line and I cannot, would it be wise to keep the children with me? Anyway, any light anyone out there can shine on this subject, I would be grateful

  3. #3
    Sean,

    Trips over a year require a re-entry permit, secured before leaving the USA. Any aliens entering the country are subject to the discretion of the agents at the Port of Entry, so having a re-entry permit is no guarantee to return without incident, but it does indicate to USCIS, in advance, that the trip is temporary. Yes, she is required to be processed in the non-US citizen line, and with small children that might become restless, it could be a good idea for them to accompany you.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  4. #4
    If a person is absent from US for more than six months on a single trip then I.O can question her/him and he is required to apply for admission, Any single trip lasting less than six months should not have any problems. This is the law.

  5. #5
    Funny, I thought that INA 211 and INA 212 are the law. Travel for over 6 months may break the continuous residence requirement per 316(b) of the INA and if the immigrant will be out of the country for a year or more (but less than 2), a re-entry permit needs to be secured prior to departing.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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