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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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  #1 (permalink)  
Old 04-13-2014, 06:38 PM
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Default Travel to USA after 11 month stay in India

Myself and my son (4yr old US Citizen) have been staying in India since August'1'2013. (to take care of health issues in family)
I was on pending I-485 status when I traveled to India and my current Advance Parole is valid till May'21'2014.
My greencard got approved on Sept'10'2013 while I was in India. Hubby is in USA and he brought the card when he visited India few months back.

I am planning to return to USA on June'5th'2014.

Please let me know if I should return before my current advance parole expires (i.e. May'21)
or can I use my greencard and return on June'5th'2014?

Thanks in advance for help.
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  #2 (permalink)  
Old 04-14-2014, 01:55 AM
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If you have the physical green card, then you must use that to travel and re-enter the US. You don't need to use the APh
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Old 04-14-2014, 07:34 PM
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Thanks @ramaonline.
Would it be a problem to return after 11 months of stay outside usa when using greencard to reenter usa?
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Old 04-14-2014, 10:26 PM
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Green Card requires you to maintain residence in the US by living /working in the US. Staying outside the country for long durations has a risk of abandonment of permanent residence.

There is no definite guideline for a stay of less than one year but if you can provide convincing reasons for the long stay outside the US then you should not have problems in re-entry

Check this link for general rules on maintaining permanent residence:

Maintaining Permanent Residence | USCIS
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  #5 (permalink)  
Old 04-15-2014, 11:17 AM
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Quote:
Originally Posted by HKhosla View Post
Thanks @ramaonline.
Would it be a problem to return after 11 months of stay outside usa when using greencard to reenter usa?
If you have strong reason to stay in India, you can provide that reason. There is no rule of thumb here.
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