Legal Question in Immigration Law in New Jersey

I went to the US as a green card holder last july2008- april2009 (9months).Then i went to the Philippines to visit my family and my daughter for 5 months (april 2009-sept 2009). I'm planning to go back to the Philippines after just TWO months stay here in the US this November 2009. Can I still go back to the Philippines without any immigration officer questioning me?Is my GC goin to be revoked if i go abroad again?


Asked on 9/18/09, 11:17 pm

3 Answers from Attorneys

Luba Smal Smal Immigration Law Office

Yes, you can be questionned about your intention to establish permanent residency in USA (job, house/apartment, family in USA, taxes, etc). I understand that you recently became a permanent resident (in 2008).

You shall not stay abroad for longer than 6 months at a time, and you can be questionned if you spend a lot of time abroad every year.

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 9/23/09, 11:28 pm
Rachel Baskin Rachel Baskin, Attorney at Law

You should speak with an attorney to discuss the benefits of filing a re-entry permit. While you still have to maintain residence in the US, if you have valid reasons for taking long trips outside of the US (i.e., family reasons or employment reasons), then the re-entry permit may preclude CBP from asking additional questions regarding your long stays abroad.

Please note that this is general information only; it is not intended as a substitute for legal advice, and does not create an attorney-client relationship.

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Answered on 9/24/09, 10:46 am
Antoinette Wooten The Wooten Legal Consulting, PC

I would need more information regarding your particular case before I can comment on it properly.

However, I am sure you were told that when you got your green card you were NOT allowed to stay out of the country for more than 6 months at a time.

According to what you have explained you spent 9 months continuously in the Philippines from July 2008 � April 2009. I am surprised that you were not questioned by the border agents when you return to the US.

Patricia Martin-Gibbons

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Answered on 9/28/09, 5:20 pm


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