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7 months left in study abroad and I can't apply for another re-entry permit. Is this OK?

Los Angeles, CA |

Hello,

I am a US permanent resident but I am studying abroad in the UK for 3 years. I had a re-entry permit for 2 years but this will be expiring in January 2013. It will be impossible for me to be in the US long enough to apply for another re-entry permit.

I will be graduating (and returning to the US definitively with no plans to travel abroad again in the near future) in July 2013. I will have spent 4 weeks in the US in December 2012 for Christmas vacation. I will also be spending 2 weeks in the US for spring break in March 2013.

Will this be a problem? Or should I not be worried?

Thank you so much in advance!

It is my understanding that I should probably be fine with just my green card because I will never be out of the US for more than 6 consecutive months. But I wanted to confirm this with professional lawyers. Thank you so much again!

Attorney Answers 3

Posted

How can I disagree with an such an esteem attorney as Mr. Bejar. He's 100% right. However, given that you will have made 3 entries in a period of 7 months (December with the RP, March and July) and have a very strong argument/reason that you do not and never intended to abandon your permanent resident status (e.g.: you were attending school abroad) I don't think you have to worry that there would be a finding that you abandoned your lpr status. Make sure you maintain and "renew" your ties to the U.S. such as having a current state drivers license, bank accounts (even if little $), Costco card, library card etc. Also, make sure you pay any fed or state taxes you are required to pay. Also, make sure you keep copies of your airline tickets, passport stamps, paperwork showing you lived in the U.S. from prior to leaving to the UK for studies etc. as a backup to prove your presence in the U.S. if that is ever questioned - maybe even years from now (in case your plans change and you live abroad again). Finally, to avoid any future problems, you should apply for naturalization as soon as you become eligible.

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Ronald Jeffrey Tasoff

Ronald Jeffrey Tasoff

Posted

P.S.: I was a "foreign student" in the U.K. as well - my junior year at St. Andrews (Scotland).

Asker

Posted

Thank you very much for your reply! Are you saying that I should be fine without filing for a second re-entry permit? How risky would this be? Thank you! P.S. St. Andrews is a wonderful school! I've always wanted to visit Scotland.

Posted

. I wouldn't leave the US in December (or in January) without having filed for another RP, received the biometrics appointment notification and went ahead to the ASC to request that I be taken that same day, given that I have to travel back to school.

It is not uncommon for ASCs to accept to take applicants at a much earlier date (that same day you appear there) when you can give them a good reason to do so. And yours is one heck of a good reason!

Do as I advise and you won't have to "beg" any consulate abroad and risk losing your US LPR status.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

I agree with my colleagues

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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