6 moths term outside the US

[Immigy]

I received my GC in 2004. I've being studying outside US for the last 5 years and have being spending less than 6 months in the US a year for that 5yrs period. Last time I entered the US (03/17/2009) border officer said that the next time I try to enter with less than 6 months spent in the US they cancel my Green Card. Some people said that that they were given "2nd res. requirement advised" mark in their passport and were questioned while entering the US - I wasn't. I still need one more year to finish my diploma.

I cannot afford that rank of degree in the US educational institution because of the high price of the alike programs in the US. A lot of the graduates from my university go to the top 20 US Ph.D. programs which is much easier to get financial aid for. Further Ph.D. in the US was the main reason for continuing my education abroad. I've put myself in that getting-degree process and that cost me a lot of efforts and time. I'm going to stay in the US and work here. I even tried to find a job in the US related to the field of my education.

The time I spent in the US I've being working and got TAX return copies. I got a valid US driver license and I possess car in the US. I have open US bank account. I have a record in the US Selective Service System and a Social Security number valid for work. Also I have a valid permanent residence address - my family's house who all are GC holders too. I had never violated the US law.

Do factors mentioned above ensure my willing to maintain the US residence?
Is there any way to ensure my GC holder status?

Thank you in advance.

[Immigy]

I received my GC in 2004. I've being studying outside US for the last 5 years and have being spending less than 6 months in the US a year for that 5yrs period. Last time I entered the US (03/17/2009) border officer said that the next time I try to enter with less than 6 months spent in the US they cancel my Green Card. Some people said that that they were given "2nd res. requirement advised" mark in their passport and were questioned while entering the US - I wasn't. I still need one more year to finish my diploma.

I cannot afford that rank of degree in the US educational institution because of the high price of the alike programs in the US. A lot of the graduates from my university go to the top 20 US Ph.D. programs which is much easier to get financial aid for. Further Ph.D. in the US was the main reason for continuing my education abroad. I've put myself in that getting-degree process and that cost me a lot of efforts and time. I'm going to stay in the US and work here. I even tried to find a job in the US related to the field of my education.

The time I spent in the US I've being working and got TAX return copies. I got a valid US driver license and I possess car in the US. I have open US bank account. I have a record in the US Selective Service System and a Social Security number valid for work. Also I have a valid permanent residence address - my family's house who all are GC holders too. I had never violated the US law.

Do factors mentioned above ensure my willing to maintain the US residence?
Is there any way to ensure my GC holder status?

Thank you in advance.

[ProudUSC]

Hi Immigy,

Sounds like you have bases covered. Read below. Good luck.

From: http://www.immigrateusa.us/content/view/417/33/

2. Absences of six months to a year – Absences of more than six months, but less than a year, disrupt the continuity of residence unless the applicant establishes that he or she maintained sufficient ties to the United States so as not to disrupt residence. Therefore, an absence of over six months but less than a year shifts the burden of proof regarding continuity of residence to the applicant. The regulations provide a list of types of evidence to serve as a guide to establish continuous residence during an absence of more than six months but less than a year. The suggested evidence includes maintenance of U.S. employment, lack of employment abroad, presence of immediate family in the United States, and maintenance of and access to the U.S. abode.

[Brit4064]

One other thing might be to apply for a re-entry permit (I-131). They are valid for up to 2yrs and might help establish your willingness to return to the US in addition to your maintaining ties already mentioned should a PoE agent not like the look of you in the future! Good luck.

[Immigy]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ProudUSC:
Hi Immigy,

Sounds like you have bases covered. Read below. Good luck.

From: http://www.immigrateusa.us/content/view/417/33/

2. Absences of six months to a year – Absences of more than six months, but less than a year, disrupt the continuity of residence unless the applicant establishes that he or she maintained sufficient ties to the United States so as not to disrupt residence. Therefore, an absence of over six months but less than a year shifts the burden of proof regarding continuity of residence to the applicant. The regulations provide a list of types of evidence to serve as a guide to establish continuous residence during an absence of more than six months but less than a year. The suggested evidence includes maintenance of U.S. employment, lack of employment abroad, presence of immediate family in the United States, and maintenance of and access to the U.S. abode. </div></BLOCKQUOTE>

ProudUSC, thank you very much!
I found your post and provided link very useful and informative.

I appreciate your help.

[federale86]

Reentry permit is the only option, otherwise you will loose your residency.

[ProudUSC]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Immigy:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ProudUSC:
Hi Immigy,

Sounds like you have bases covered. Read below. Good luck.

From: http://www.immigrateusa.us/content/view/417/33/

2. Absences of six months to a year – Absences of more than six months, but less than a year, disrupt the continuity of residence unless the applicant establishes that he or she maintained sufficient ties to the United States so as not to disrupt residence. Therefore, an absence of over six months but less than a year shifts the burden of proof regarding continuity of residence to the applicant. The regulations provide a list of types of evidence to serve as a guide to establish continuous residence during an absence of more than six months but less than a year. The suggested evidence includes maintenance of U.S. employment, lack of employment abroad, presence of immediate family in the United States, and maintenance of and access to the U.S. abode. </div></BLOCKQUOTE>

ProudUSC, thank you very much!
I found your post and provided link very useful and informative.

I appreciate your help. </div></BLOCKQUOTE>

You are most welcome. Good luck to you.

[federale86]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">The regulations provide a list of types of evidence to serve as a guide to establish continuous residence during an absence of more than six months but less than a year. The suggested evidence includes maintenance of U.S. employment, lack of employment abroad, presence of immediate family in the United States, and maintenance of and access to the U.S. abode. </div></BLOCKQUOTE>

Doesn't look like he has these bases covered: 1) employment in the U.S. Is going to school full time overseas.

2) Presence of immediate family in the U.S. His family is joining him overseas.

Two strikes. Without the re-entry permit he will be placed in proceedings by CBP the next time he comes back.