Q & A March 6, 2005

Q & A 1.

Q&A 1.

If green card holders believe that they will be out of the U.S. for an extended period of time, they should file for I-131 reentry permits prior to leaving

Liang reader asks:
The 7/18/04 World Journal Weekly’s Immigration box had reported“… within the one-year maximum period allotted to individuals under the green card to re-enter the country, your sister or her husband or a trusted relative should bring the daughter back to the States. “
As stated above, if an individual stayed “over” the one-year period in China, could a related green card relative bring him/her back to the States with no problems?

Dear reader:

The permanent resident card allows green card holders a maximum period to return to the U.S. within 364, not 365 days. It is, however, never recommended that permanent residents stay out of the country for so long just holding the green card. Customs and Border Protection (CBP) inspectors may give such individuals a hard time in entering the country. Absences of less than six months at a time are more to the liking of the CBP. Green card holders traveling on the green card whose absences are 365 days or more are not allowed entry on the basis of the green card, and must either obtain a special immigrant visa before return or request the CBP for a waiver of the visa requirement upon entry. If green card holders believe that they will be out of the U.S. for an extended period of time, they should file for I-131 reentry permits prior to leaving which entitle the holders to reenter up to but not including two years from the date of embarking on the journey.

Copyright © 2003 - 2005 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.