Total time outside the u.s. on 2 yeard green card

[freetv 7]

Its been awhile since I last read up on immigration law and logged in visa journey... But its time to get back in step and so I was wondering how long you can spend outside the u.s. without creating probs for roc? We spent 4 months after getting the green card... came back for a few months and then traveled for a month overseas in July. So our total time is maybe 5 and a half months, my memory tells me that 6 months or a maybe year is the max time we can spend overseas without creating trouble for ourselves. I know all about the reentry permit, but isn't there a total time you have to spend in the u.s.... like 50 or 75%? Thanks in advance

Edited August 21, 2010 by freetv

[Dan J 277]

Its been awhile since I last read up on immigration law and logged in visa journey... But its time to get back in step and so I was wondering how long you can spend outside the u.s. without creating probs for roc? We spent 4 months after getting the green card... came back for a few months and then traveled for a month overseas in July. So our total time is maybe 5 and a half months, my memory tells me that 6 months or a maybe year is the max time we can spend overseas without creating trouble for ourselves. I know all about the reentry permit, but isn't there a total time you have to spend in the u.s.... like 50 or 75%? Thanks in advance

You can spend up to 6 months out of the country at a time before needing a reentry permit. However, significant time outside of the US will reset the clock to becoming eligible for citizenship.

You might still run into problems if you spend the majority of your time outside of the US. The green card is meant to be used to live in the US, not as a multiple entry visa.

[VanessaTony 3,567]

You can spend up to 6 months out of the country at a time before needing a reentry permit. However, significant time outside of the US will reset the clock to becoming eligible for citizenship.

You might still run into problems if you spend the majority of your time outside of the US. The green card is meant to be used to live in the US, not as a multiple entry visa.

No. You can spend up to 364 days (i.e. less than 12 months) outside the US consecutively without needing a re-entry permit. A re-entry permit is for people who plan to stay out 1 year to 2 years.

Some people suggest you get one if you plan for 6 months because rules state that anything after 6 months can be considered abandonment of LPR and that it's at CBP discretion. However it's rarely used after just one trip, more so a group of 6 month trips making it look like you live somewhere else and just visit the US. There's lots of things you can do to make sure you don't risk being accused of abandoning your status. Google "maintaining LPR" and you should be fine.

In terms of Removal of Conditions. I don't know how any time outside applies at all. You have a set period of the ROC based on your GC expiry date and you apply then. The time outside DOES affect your naturalisation clock though.

[v333k 59]

I agree with Dan + Gemvita, although the GC allows you to travel, but if you do not show you are living in the US by paying taxes and maintaining residence, then they might look at your case suspiciously.

If you are planning on applying for citizenship, then you shouldn't travel for periods longer than 6 months at a time. Also, you need to have lived in the US 18 out of 36 months to become eligible for naturalization if you are applying based on the 3 year rule.

[freetv 7]

Alright, thanks for the replies. We are never gone for more than a few months, and will be sticking around here for at least the next year so by the time we get to 3 years we will prob have close to 28 months in the u.s. so I don't worry about that. I just wanted to make sure that if we were to spend part of the summer overseas we wouldn't come back (or file for roc) and be told we spend too much time overseas. I guess even if something were to come up we have more than enough proof for maintaining our residency.