Green card re-entry to the US - just under, or just over six months?

November 22, 2018 4:19 AM

I'm a green card holder with a job in the US. I've been overseas on sabbatical for the last five months and am now planning my return trip. Originally I intended to re-enter the US on the 180th day after I left, to avoid having to 'apply for re-admission' (i.e. be interviewed at the border and potentially get my passport endorsed).* Now I see on the internet that some people already get hit with this at 5 months 28 days or so. Does anyone have any experience of this?

It would be much more convenient to return on day #185, so if I'm going to be interviewed anyhow, I may as well delay my flight home slightly. I'm hoping for reports from those who have done this, especially in the Trump era: does re-entering on or just before day 180 usually mean interviews and comments written in the passport? I don't think (argh!) that there is a serious risk of being denied re-entry, as I have a job, address etc in the US and am white, non-Muslim and "unthreatening". I know I could have applied for a re-entry permit, but as these cost more than $600...

*I'm aware that this is very minor in the context of the harassment people cop at the border!

posted by ogorki to Law & Government (11 answers total)

Best answer: IANAL but when I worked in immigration and was trained to work on U.S. naturalization applications, we were told that any applicants who had been outside the country for more than 6 months (I can't remember the exact number of days they said to look for, could have been 180 or 182) at a time needed to be flagged for further assistance from a lawyer because their cases were more complicated. This question is asked directly on the naturalization application. I don't know how big of a deal 185 days would be because I wasn't involved in that meeting with the lawyer. If you think you might want to naturalize in the future, it might be a good idea and return on day 180 regardless, just to keep the application as simple as possible. I realize this doesn't answer your question, but it might be something to keep in mind. Maybe someone with more experience in this area could give more specific information?
posted by Penguin48 at 6:25 AM on November 22, 2018 [1 favorite]

In this current environment, I would come back right now.
posted by rockindata at 6:29 AM on November 22, 2018 [12 favorites]

I can't for the life of me figure out how you go from hearing that Trump's CBP, who loves Trump and seems eager to actually violate law to make him happy, has changed its enforcement patterns to be even bigger dicks to immigrants to "Oh well I guess I might as well actually give them a semi-legitimate reason to be a dick to me and kick me out if they're feeling pissy" instead of "Oh fuck I'd better make sure I'm back 160 or 170 days after I left."
posted by GCU Sweet and Full of Grace at 7:20 AM on November 22, 2018 [5 favorites]

Response by poster: Thanks for the answers so far, but 160 or 170 just isn't possible, for various reasons. If anyone has any experiences they could share, I'd be very grateful. (Naturalization isn't part of the plan, by the way).
posted by ogorki at 7:31 AM on November 22, 2018

Best answer: 3 years ago I came back on day #187 (LAX): I didn't have any issues, except for the immigration guy giving me a warning that in some cases folks hadn't been let back in.

In the past I've often been in a similar position to you, wanting the push the boundaries a little, scared by Story X online (of course folks are more likely to post stories about the time they went over and *did* have an issue). On every occasion, my concern has turned out to be needless, which makes me think that in the group of folks who do push the boundaries, there are some who get tripped up, but they're in the minority (take that whichever way you wish). Or to put it another way, nobody here can say, "Yes: this will be an issue don't do it" or "No: you'll be OK": there's certainly risk involved, and you have to weigh up whether your need exceeds your threshold for concern.

(Sidenote for other users finding this question: the issue I do now have as a result of my breach is that it's pushed back my ability to apply for citizenship: you can apply 5 years from when you received your green card, but if you go over 180 days out, the clock for those 5 years starts from when you came back after that breach.)
posted by 7 Minutes of Madness at 7:58 AM on November 22, 2018 [4 favorites]

In the GW Bush era, I remember trying to re-enter the US as a white non-religious ""unthreatening"" citizen and being asked a lot of unfriendly questions. Come back just under 180 days in solidarity with the people who have less privilege crossing the border than yourself.
posted by aniola at 8:05 AM on November 22, 2018 [1 favorite]

If I were you (I am a naturalized US citizen but have never had reason to push the 180 day mark while on my green card), I would re-enter on day 179. They might interview you anyhow but they won't have a legal reason to deny you admission or put it on your record (i.e. if it goes on your record, you can argue that you were following the law). If you stretch it past 180 days, then you're relying entirely on the goodwill of U.S. immigration, both now and in the future.

Since your only reason for delay is convenience, you are essentially gambling that convenience now won't create a lot more inconvenience in the future. Convenience seems like a fairly small upside when the possible (if unlikely) downside is being denied re-entry.
posted by serelliya at 8:06 AM on November 22, 2018 [4 favorites]

Best answer: One of my family had their green card taken away when they were close to, but not past, the six month limit. It was stressful and inconvenient but we got it back a month later based on the period away being under the limit. Had they stayed away longer than six months it would have been a major hassle and expense with lawyers to go to an immigration court to get the green card back.
posted by anadem at 8:27 AM on November 22, 2018 [2 favorites]

It is possible for "5 months and 28 days" to be more than 180 days.
posted by Hatashran at 8:33 AM on November 22, 2018 [7 favorites]

Best answer: 180 days is an automatic flag that takes you from the presumption of being in good standing to the presumption of having abandoned your green card. There are absolutely other reasons that someone might be suspected of abandoning their green card without breaking the 180 day rule and therefore face interviews and hassle at the airport, but it doesn't sound like you have to worry about those.
posted by the agents of KAOS at 10:24 AM on November 22, 2018 [1 favorite]

Response by poster: Thanks to all who gave considered answers to my question - they've been very helpful.
posted by ogorki at 12:39 AM on November 23, 2018