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zahir2002 · Jun 14, 2009, 03:31 PM

Dear,
I went to U.S last year with Immigration Visa as a husbend of a U.S citizen. And I became a green card holder since 09 Oct 2008, I received my green card while I'm abroad till this moment 15/06/2009 I didn't return back to U.S Lands I'm planning to be there at the End of August 2009 for 3 weeks. I know that I must not pass 1 year abroad else I got a re-enter permit and can be abroad not more than 2 years is that correct?
In this time & situation what I should do to not lose my GC, affect my residency card negatively or be prevented from entering to U.S in the future?
How can I solve this issue?:confused::(

P.S: I'm going to be in U.S as Student for fall 2009 for 3 years and more
Regards

DCcityboy · Jun 14, 2009, 06:58 PM

How long were you physically in the US? If you are outside the US for more than 6 months, you should have filed for a re-entry permit. You should re-enter as soon as possible, with your spouse and show good evidence as to why you stayed outside the US for so long.

10 months is a long time outside the US for a LPR, so you may be put into secondary or even deferred ins[ection. You have the burden to prove you didn't abandon your PR. If so, your spouse can re-file for you.

zahir2002 · Jun 14, 2009, 10:31 PM

I entered U.S on 9 of October 2008 and left after 2 weeks. I called the Embassy internationally to make sure that I don't need to file I-131 re-entry permit, he said "once you come back from this trip contact us". He didn't mention that I need to be there before 6 months end. During that time I accessed the USCIS website to double check & make sure that I don't perform in a way that violates my PR. So from the website they mentioned that if you will return to U.S in less than 1 year your Green card is Valid but if more than 1 year you need to have a re-entry permit. I acted based on the information I got from both sides. One of my reasons to go back fast is I left my daughter in her grandmother home while travelling to U.S (we have good reasons for that we generated another Immigrant Visa for her) our trip was to finish my wife's interviews and I in universities.

Can this be accepted? And Can I file this form re-entry now? What is the secondary or even deferred inspection? You mentioned that my wife can re-file for me what form?

I appreciate your effort

DCcityboy · Jun 15, 2009, 07:22 AM

You can only file for a re-entry permit while physically present in the US, and you need to be in the US for the biometrics appointment (usually 30-45 days from filing date).

Secondary inspection is where the CBP officer cannot determine your eligibility to enter the US immediately, so they interview you more thoroughly in a separate area from the primary inspection line. Deferred allows you into the US and they schedule a time for you to come in to show why you should be allowed to keep your PR.

You should have good documentation to show why you were outside the US for so long. Some returning LPR are put into secondary for being out of the US for less than 6 months.

If you are deemed to have abandoned your PR, your wife will file the case again, in its entirety.