Hi gerywiz,
How long can I remain outside the U.S. without jeopardizing my
Permanent Residency Status?
A Green Card holder has to spend at least 6 months a year in the U.S.
to maintain Permanent Residency status. If one just makes a
once-a-year or once-every-6-months visit to the U.S., it may appear
over time that the person is spending more time abroad than in the
U.S. and is living and working abroad, he or she is at risk of losing
Legal Permanent Residency status. If the person plans on an extended
stay outside the U.S., it is possible to apply, before leaving the
U.S., for a reentry permit valid for a maximum period of 2 years. Such
a permit would greatly facilitate reentry to the U.S.
The Law Office of Sheela Murthy
http://www.murthy.com/gco_faq.html#4
How Long Can I Remain Outside the U.S. without Losing My Immigrant Status?
If you are a lawful permanent resident (or conditional permanent
resident) and will be outside of the U.S. for more than a year, you
will need to make special preparations for your re-entry, before you
leave the U.S.
See: Returning Resident Aliens
http://www.foreignborn.com/visas_imm/entering_us/12returning-residentalien.htm
I hope this is helpful.
Best regards,
Rainbow |
Request for Answer Clarification by
gerywiz-ga
on
14 Oct 2005 21:13 PDT
Dear helper I went into the site you gave me(www.foreignborn.com) and
it gives information that I think conflicts with the info you gave me.
They state that by law a person can stay outside the U.S. a full year
without losing Immigrant status and you said that it can't be more
than 6 months. Here is the paragraph I'm talking about. Please let me
know. Thanks.
Less Than a Year: Use Your Green Card
If you are a lawful permanent resident (immigrant) returning to the
United States from a visit abroad of less than a year, you may apply
for readmission by presenting your Permanent Resident Card ("Green
Card") to the immigration authorities at a port of entry.
(The one-year time limitation does not apply to the spouse or child of
a member of the Armed Forces of the United States, or of a civilian
employee of the U.S. Government stationed abroad pursuant to official
orders. In this case, the spouse or child must present the card
mentioned above, not have relinquished residence, and be preceding or
accompanying the member or employee, or be following to join the
member or employee in the United States within four months of the
return of the member or employee).
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Clarification of Answer by
rainbow-ga
on
15 Oct 2005 00:35 PDT
Hi gerywiz,
My apologies for the confusion. This should help:
Q.
"I finally received my green card in the mail a month ago. That is
good because I am taking my vacation in July, and want to travel to
France. I plan to stay there for one month. Will that be a problem?
Are there any papers I have to file with the INS before I leave?"
A.
"If you are going to be gone for one month, your permanent residence
status should not be affected. In fact, you may stay outside the
country for up to six months and still be okay.
Many people will ask us about traveling for a year or more. There are
actually two things to be concerned about when deciding how long you
can travel outside the country on a green card.
The first is that you should not break the continuity of your US
residence. If you do so, the result will be that you will have to
start all over again counting the years until you are eligible for
citizenship. That is because eligibility for citizenship is based
upon continuous residence. Leaving the country for more than one year
breaks this continuity. How do you prevent breaking continuity?
Simply do not stay outside the country for more than one year at a
time.
The second concern is that you should not appear to be abandoning your
US residence. This is far more important, because if you are
considered to have abandoned your US residence, your green card is
worthless.
If you need to travel outside the country for more than one year (but
less than two), and you are a permanent resident, you must apply for a
?Reentry Permit.? A reentry permit is not required for a trip that is
shorter than one year. (However, even with a Reentry Permit, you are
still subject to the break in continuous residence). A Reentry Permit
is also available for permanent residents who want to travel, but
cannot get a passport from their own country. A Reentry Permit is
valid for two years."
http://byrley-law.com/articles/travel_docs.htm
Advantages and Disadvantages of Getting a Green Card
Advantages:
Unlimited right to work in the U.S. Unlimited right to live anywhere
in the U.S. Eligible to become a U.S. citizen
Disadvantages:
Place of residence must be within the U.S. Must pay U.S. taxes on
income earned anywhere in the world
Cannot remain outside of the U.S. for more than one year without
special permission
http://www.legalpaladin.com/resources/visa.htm
I understand how confusing this must be. Personally, and remember I am
a researcher, not a lawyer, I would not risk staying outside the US
for more than 6 months, if it can be helped.
If you have any further questions, please don't hesitate to ask and I
will do my best to assist you.
All the best,
Rainbow
|
Clarification of Answer by
rainbow-ga
on
15 Oct 2005 04:19 PDT
From the US Citizenship and Immigration Service website:
You may be found to have abandoned your permanent resident status if you:
*Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a
reentry permit or returning resident visa. However in determining
whether your status has been abandoned any length of absence from the
US may be considered, even if it is less than one year.
*Remain outside of the US for more than two years after issuance of a
reentry permit without obtaining a returning resident visa. However in
determining whether your status has been abandoned any length of
absence from the US may be considered, even if it is less than one
year.
http://uscis.gov/graphics/howdoi/PermRes.htm
Rainbow~
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