Length of stay outside of the US

[moondancer627 0]

I have been looking at the guide lines for filing after we recieve the conditional green card. I know right at the moment prior to getting his conditional green card, Anton cannot travel unless he applies for advanced parole and then it must be a good reason to leave the US.

The question is....... he would like to at least spend a few months each summer in Canada with his father after he recieves the CGC. How long can he stay in Canada when he travels?

Thanks for any answers,

Moondancer

[motu 6]

I think they frown upon 'long' absences from the states as a sign of 'abandoning' their residency. We are also planning on 2 to 3 months a year travel outside the states - I feel anything under 6 months should be safe! But how can he be gone for such a length of time? Is he a student? (I am retired - so we can be gone for as long as we wish - she hasn't started working yet and may not work.) Good Luck

[meauxna 15]

I have been looking at the guide lines for filing after we recieve the conditional green card. I know right at the moment prior to getting his conditional green card, Anton cannot travel unless he applies for advanced parole and then it must be a good reason to leave the US.

The question is....... he would like to at least spend a few months each summer in Canada with his father after he recieves the CGC. How long can he stay in Canada when he travels?

Thanks for any answers,

Moondancer

LPRs need to maintain their US residence; typically, travel under 6 months keeps the presumption of residence. Also, for purposes of naturalization, trips of more than 6 months break one's 'continuous residence'.

This page is very helpful:

http://www.uscis.gov/graphics/howdoi/PermRes.htm

Trips of one year or more require the LPR to file I-131 for a re-entry permit.

My husband had several trips of 3-4 months without problem.

Edited April 24, 2006 by meauxna

[breezy 0]

I too, don't think that a few months every summer for a family visit wouldn't be grounds to have his green card revoked.Thank goodness Officers have famlies too. As long as he won't be working in Canada, and like you say, his purposes for going are just for visiting, all should go with out a problem.

For some kind of security upon entering the U.S. you might have your husband collect as much info. before the travel, that will prove to the officer that, yes, he has always intended to reside in the U.S. Proof of strong ties to the U.S. could be....(let me break out my stars....)

letter of employment, work schedule and requested vacation, pay stubs, w-2's

U.S. drivers licence, bank statements,ongoing payments

letter from landlord, housepayments, rent reciepts, etc

doctor bills, memberships.....

We just got home from a visit to my family of 20 fun filled days, but it's never enough is it!? Hope your husbands future visits will be good ones!

[hcj 0]

I know right at the moment prior to getting his conditional green card, Anton cannot travel unless he applies for advanced parole and then it must be a good reason to leave the US.

The others have answered your question regarding after being granted a GC -- but wanted to address your comment for traveling while AOS is in progress.

True that Anton cannot travel without Advance Parole. But, doesn't have to be a "good" reason -- i.e. no one has to be dying. He is entitled to Advance Parole for the simple reason that he has applied for AOS. He can use it to travel for vacation, visiting relatives, etc. -- really anything at all, doesn't have to be an emergency.