Ds-117 (usa Application To Determine Returning Resident Status)

[jgm005]

This is a pretty specific query. I've searched the various forums but have not found anything on it. We have been out from the USA and when we return it will be about 10 months out. The intent when we left was a 3 month stay in Thailand to visit her family but due to an illness with her mom, while we where here, she had to stay on to take care of her and the situation. If we knew before hand we would of applied for a Re-entry permit,

So when we return in June she will of been out for about 10 months. With everything I've read it is the sole discretion of the immigration officer, upon arrival, to let one back in with a green card and being gone for more then 6 months but less then a year.

I am trying to avoid any real problem upon our return and was wondering if anyone had any experience with the BKK US Consulate on form DS-117; Application to determine returning resident status. Any pitfalls, dos or don'ts.

She has been a permanent resident for 8+years now.

Thank you in advance for any feedback and or advice.

[Thanyaburi Mac]

This is a pretty specific query. I've searched the various forums but have not found anything on it. We have been out from the USA and when we return it will be about 10 months out. The intent when we left was a 3 month stay in Thailand to visit her family but due to an illness with her mom, while we where here, she had to stay on to take care of her and the situation. If we knew before hand we would of applied for a Re-entry permit,

So when we return in June she will of been out for about 10 months. With everything I've read it is the sole discretion of the immigration officer, upon arrival, to let one back in with a green card and being gone for more then 6 months but less then a year.

I am trying to avoid any real problem upon our return and was wondering if anyone had any experience with the BKK US Consulate on form DS-117; Application to determine returning resident status. Any pitfalls, dos or don'ts.

She has been a permanent resident for 8+years now.

Thank you in advance for any feedback and or advice.

My initial reaction is not to do it, the DS-117 that is. I assume you've looked at the form and all the Qs they ask you to comment on. Does sound like you and the wife already have a decent reason.

A couple Qs of my own, tho, that you might have to answer:

-- What did you live on for all this time since you'd initially planned on just a three month stay?

-- Why June, and not now? Mom still sick?

-- Do you have documentation as to her illness?

-- No other relatives here to care for her?

No need to answer these Qs here but do have answers in your mind.

FYI, I've found that INS, well, ICE now, on entry to the U.S. isn't too bad. 3-4 years back my Thai wife had just 17 days remaining in her passport validity. I explained the need for our unplanned visit (a favorite aunt of mine had died), and that we had return tickets out in 14 days. The officer gave her 16 days, which I thought was fine.

Just had a reasonable explanation which worked.

Mac