Q: Hi, after coming back from 2 year expat program how long until I can leave US for a short team again w/o loosing gc?
Hi,
would appreciate if the community has any insight on the following scenario
- Me + wife are US green card holders
- Returned from 2-year expat program (3/27) before expiration of first reentry permit (expires: 3/29)
- Have a new address in the US to call my home (1 year lease)
- Spent roughly a month in the US
- Wants to travel outside of US for 1-3 weeks (business or leisure)
Will we face any immigration problems when we come back?
A:
First, you are not an ex-patriot, because you have yet to naturalize and become a U. S. Citizen. You are a permanent resident as long as you can prove that you maintain a permanent residence in the U.S. and plan to stay in the U.S. A significant gap after the use of a re-entry permit can result in deferred inspection. You are not entitled to attorney representation during a deferred inspection, but you may get lucky if an attorney is allowed to observe the process. This is not always allowed nor is required.
There may be questions about your potential abandonment at a port of entry, even if there is a short trip. You just returned after a long departure. Have you filed U. S. tax returns each year? What do you have, other than the re-entry permit to prove that you intend to stay? Returning to the same exact place can raise questions, but you may have answers. A lease document can be investigated at a port of entry, as well.
I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are further complications. The above is general information, not legal advice, and does not create an attorney client relationship.
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