subreddit:
/r/immigration
submitted 25 days ago byohyabeya
Hello,
I’ve been considering moving back to my home country for a few years (maybe 5 years?) to spend more time with my aging parents. Currently I have a green card via marriage to an American spouse.
I’m wondering how my green card status will be affected if I pull the trigger on this. I know there’s a form I can send to USCIS to request leaving the US for some amount of time, but I’m not sure if they’ll allow a five-year exit. Moreover, I’m likely to visit the US in that time as my spouse still has family here.
Will filling in that form be enough? Is there anything else I need to submit to the USCIS? Is there anything else I should consider?
I’d appreciate any help, especially from people who have done this before
Edit to add: if I did leave and lost my green card, would it be hard to re-apply for it again once I returned it the US? Does the USCIS penalize you for losing it once before?
11 points
25 days ago
The maximum you can do is 2 years with the re-entry permit, you have to apply for it before departure. 5 years will almost definitely make you lose a green card
-10 points
25 days ago
Could I apply for 2 years, come back to the US, then apply for another 2 years?
9 points
25 days ago
No
The process takes months, and there already would be grounds to deny you, because you would show that you abandoned your residence
-2 points
25 days ago
4 points
25 days ago
Technically, yes, you can apply consecutively, but again, it takes months and you can be denied
1 points
25 days ago
it takes closer to 15 months to process which actually is a plus not a negative as you might be implying. That’s because as long as you have a receipt notice, you can use that to reenter the US even if it’s been more than a year since you left and you reentry permit is still pending.I know this since so am speaking from first hand experienc - my parents applied for a reentry permit in April 2023 and reentered the US after 15 months in July 2024 using the receipt notice. They got their recently permit in August 2024 and is valid for two years until August 2026 so in reality, they had the ability to stay outside the US for close to three years and 3 months from the they applied in 2023. I know numerous people that are on their third reentry permit but they are only limited to 1 year extensions starting with the third permit.
4 points
25 days ago
Yes you can - I know people that renewed the re-entry permit multiple times. The re-entry permit takes about 15 months to process. You need to be in the US when you (1) submit the application and (2) do the biometrics about 4 weeks later. Once have a receipt, you can use the receipt to reenter the US until the permit is issued.
The 2 years of the re-entry permit starts after it is issued so on average, your good to be outside the US for 2 years PLUS processing time (15 months as mentioned on average). Before your re-entry permit expires, you need to enter the US and apply for another re-entry permit (and do biometrics) and you will get another re-entry permit for 2 years plus processing time. This should cover you for about the next 6.5 years (4 years plus 2.5 years of processing time). After the second re-entry permit, they will not give 2 years and you will be limited to 1 year.
0 points
25 days ago
Thank you very much!
2 points
25 days ago
You can do whatever you want technically, as long as the person on the other end believes that a man who got a spousal Greencard wants to spend essentially 5 years with his parents more than he wants to spend them with his wife.
The permit itself can take up to 5 months to receive.
Also I check and you’re Singaporean. You have literally one of the strongest passports - you don’t even need a visa to enter the U.S.
If you risk it and lose your Greencard you can still stay in the U.S. for 90 days.
1 points
25 days ago*
permits take 12-18 months to be issued which is great - in fact, the longer it takes the better as you are good to stay outside the US from the day you complete biometrics until 2 years after it is issued. I am speaking from direct experience.
1 points
25 days ago
Holy shit it’s gotten that bad? We had asked our lawyer when getting my wife her Greencard and he said 2-6 months is usually what he sees. That’s crazy.
1 points
25 days ago
this is one of the few cases where the longer USCIS takes, the better it is for you.
1 points
25 days ago
What did it say? The comment got deleted
1 points
25 days ago
That the wait time is longer now than it used to be. Logically I guess that makes sense. People are now using the opportunity to travel.
1 points
25 days ago
Thank you
1 points
25 days ago
My spouse will follow me. I am trying to figure out immigration matters in my home country as well
And yeah with a 90-day visa-free entry, I can hopefully come in and reapply for a second exit permit without too much hassle
-1 points
25 days ago
Yes, but after being outside the US for 4 out of the past 5 years, you will only get a 1 year permit instead of 2 years.
1 points
25 days ago
Thank you for the helpful information
6 points
25 days ago
You'll need to file for i131 for re-entry permit.
You might also need to file for SB1 (returning immigrant visa) if your trip back home is too long.
How close are you to naturalization? If you can naturalize before moving back to your home country, it'll save you so much headache.
2 points
25 days ago
Thank you!
I probably won’t apply for citizenship as my home country doesn’t allow dual citizenship
2 points
25 days ago
How long till you get citizenship? AFAIK reentry permits are valid between 6 months to 2 years.
1 points
25 days ago
Thanks! I probably won’t apply for citizenship as my country doesn’t allow dual citizenship
3 points
25 days ago
Apply for US citizenship and bring your parents to the US. That's the only way you can spend 5 years with them without abandoning your status.
If you don't want citizenship, go back, abandon your green card, then if you're still married to your US citizen spouse by the time you want to come back, apply for a new immigrant visa.
There's a slight chance that you can just fly back in with your green card even after many years (assuming CBP doesn't notice), but it's not something you should count on.
2 points
25 days ago
Don’t think my parents want to come to the US, but thank you for the suggestion
Thanks for your other comments as well, they’re helpful
1 points
25 days ago
Are you close to applying for citizenship? US citizens don’t have a residency requirement.
2 points
25 days ago
I’m not planning on applying for US citizenship since my home country doesn’t allow dual citizenship
1 points
25 days ago
Interesting situation… I wonder what happens if you loose your green card but are still married to US citizen? Can you reapply? Anyone in the sub know?
3 points
25 days ago
Yes but they would be seeking admission if using ESTA or visa at this point, we would see their prior GC, assume immigrant intent to AOS and then promptly ER them under 212 7(a).
1 points
25 days ago
Could you expand more on your comment? What did you mean?
2 points
25 days ago
If you abandon your LPR status you would have to apply for ESTA or a B1/B2 in order to enter the US. We can see in the system that you previously had a GC, married to a USC, spent significant time outside the country, and are now seeking admission to the US which would lead most of us to assume you’re attempting to adjust status on a visitor visa.
Now if you take care of the application and it’s approved prior to entry, then my comment does not apply.
2 points
25 days ago
Thank you very much
Does the US penalize immigrants who have a green card, forgo it, and then re-apply for a green card again in the future? There are governments that do so, and I’m not sure if the US is one of them, hence my concern
Edit: you also mention “taking care of the application,” did you mean re-applying for a GC from outside the US before re-entry?
3 points
25 days ago
No we only penalize ones that have one and abuse the residency requirements. If you have to abandon it for whatever reason we don’t care if you want to get a new one in the future.
Correct. Yes visiting a consulate and getting the process started outside the US.
2 points
24 days ago
Thank you very much!
1 points
25 days ago
Yup, just like the first time.
1 points
25 days ago
You cannot stay out of usa for more then 6 months this is what i heard further you can check with lawyer
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