Extended absence from the US on CR-1

[yaatri 0]

I am not sure if this question belongs here, but this is the closest forum that I could find, and am hoping that someone will be able to help with this question:

If a person on a CR-1 green card is away from the US for more than 6 months, is there any problem in coming back to the US? I saw somewhere that this might violate the "substantial presence in the US" test. Is there any special paperwork required in this case?

Any information that you can share in this regard will be useful.

Thanks.

[aussiewench 9]

International Travel

A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

You can find more information about travel documents from "How Do I Get a Travel Document?"

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

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.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

Source

[yaatri 0]

Thanks, aussiewench. That is helpful.

[riblet 0]

I believe an absence of longer than 6 months can disrupt the period required to naturalize, unless this has changed. My understanding of the following excerpt is that if you leave for more than 6 months, even if you haven't abandoned your permanent residence, the 5 or 3 years or residence required to naturalize would start at zero again. But someone please clarify if they know better! Thanks.

PART 316--GENERAL REQUIREMENTS FOR NATURALIZATION

c) Disruption of continuity of residence--(1) Absence from the

United States--(i) For continuous periods of between six (6) months and

one (1) year. Absences from the United States for continuous periods of

between six (6) months and one (1) year during the periods for which

continuous residence is required under Sec. 316.2 (a)(3) and (a)(6)

shall disrupt the continuity of such residence for purposes of this part

unless the applicant can establish otherwise to the satisfaction of the

Service. This finding remains valid even if the applicant did not apply

for or otherwise request a nonresident classification for tax purposes,

did not document an abandonment of lawful permanent resident status, and

is still considered a lawful permanent resident under immigration laws.

The types of documentation which may establish that the applicant did

not disrupt the continuity of his or her residence in the United States

during an extended absence include, but are not limited to, evidence

that during the absence:

(A) The applicant did not terminate his or her employment in the

United States;

( B ) The applicant's immediate family remained in the United States;

( C) The applicant retained full access to his or her United States

abode; or

(D) The applicant did not obtain employment while abroad.

Source: http://tinyurl.com/y56fef

I also found this explanation on westlaw (I have access b/c I'm a law student):

An applicant for naturalization who is absent for six months to a year is deemed to have abandoned lawful permanent residence.

Absences from the United States for continuous periods of between six months and one year during the periods for which continuous residence is required breaks the continuity of such residence, and leads to the conclusion that the applicant has abandoned lawful permanent residence in the United States for naturalization purposes, unless the applicant can establish otherwise. This conclusion remains valid even if the applicant proves that he or she did not apply for, or otherwise request, a nonresident classification for tax purposes, that he or she did not document an abandonment of lawful permanent resident status, and that he or she is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not abandon his or her lawful permanent residence in the United States during an extended absence include, but are not limited to, evidence that during the absence the applicant did not terminate his or her employment in the United States; the applicant's immediate family remained in the United States; the applicant retained full access to his or her United States abode; or the applicant did not obtain employment while abroad.

SO, it looks like you could be deemed to have abandoned PR status as far as naturalization goes, but would not actually lose your PR status. This may be way more than you wanted to know, sorry But I hope it helps.

Edited December 3, 2006 by riblet

[yaatri 0]

I believe an absence of longer than 6 months can disrupt the period required to naturalize, unless this has changed. My understanding of the following excerpt is that if you leave for more than 6 months, even if you haven't abandoned your permanent residence, the 5 or 3 years or residence required to naturalize would start at zero again. But someone please clarify if they know better! Thanks.

[... deleted ...]

SO, it looks like you could be deemed to have abandoned PR status as far as naturalization goes, but would not actually lose your PR status. This may be way more than you wanted to know, sorry But I hope it helps.

Thanks, riblet. It *is* useful information and I agree with your interpretation. It does look like an absence from the US of longer than 6 months would reset the clock to 0 as far as the count of 5 (or 3) years of continuous residence for naturalization is concerned. There is one exception clause in the statute that might be in our favor, namely, "The applicant's immediate family (the U.S. citizen spouse, in this case) remained in the United States."

Would anyone with a direct experience in a situation such as this like to comment?