Staying Longer than 6 Months in Foreign Country

[kreestina 0]

I'm permanent resident card holder and currently visiting foreign country. It has been 4 months and would like to extend stay for at least a year without losing green card. Can I stay longer -- say 2 years? If so, do I need to complete any forms?

What is the maximum length of time I can stay outside of US in foreign country without filing any forms?

Thanks.

[Boiler 45,980]

Abandonment of status is a complicated and case specific issue.

Technically you can lose status in a day, or keep it for several years.

If keping PR status is important to you, then I would consult an Immigration Lawyer experianced in this area, most are not.

[Beauty for Ashes 257]

I'm permanent resident card holder and currently visiting foreign country. It has been 4 months and would like to extend stay for at least a year without losing green card. Can I stay longer -- say 2 years? If so, do I need to complete any forms?

What is the maximum length of time I can stay outside of US in foreign country without filing any forms?

Thanks.

you need to be very careful.....6 months is enough for you to have abandoned status

[Boiler 45,980]

It can be, far too complicated a subject for generalisations.

[kujoxes582 0]

btw wat do u mean by 6 mos??? 6 mos commulitative...or 6 mos per visit?

[Boiler 45,980]

Nether

You need to see a lawyer familar with abandonment isues.

[eau_xplain 2]

Here's the official word from USCIS:

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.

Note that above quoted item says that any length of absence may be considered as abandonment depending on USCIS' determinationl You will have to be able to prove that your main residence is still the US (bills, own/rent a home, other assets in the US).

Please also note that if you are planning on applying for naturalization, any stay outside the US in excess of 6 months will reset your "continuous residence" clock and you'll have to accumulate eligibility time all over again.

[lucyrich 20]

The general rule is that any stay over one year requires a re-entry permit. And the re-entry permit must have been applied for BEFORE leaving the US. If you left the US without applying for the re-entry permit, you had better plan on coming back less than a year after your departure.

That does NOT mean that you're always safe staying abroad for less than a year.

If you stay abroad less than six months, they'll usually assume you did not abandon status unless they see evidence otherwise. If you stay abroad more than six months, they'll generally assume you DID abandon status until you show evidence otherwise. When re-entering after a stay of six months to a year, expect to be required to show documents that demonstrate how you are maintaining your primary residence inside the US.

Oh, and remember to file your taxes, regardless of the length of stay abroad. April 15 is coming up soon.

[Mononoke28 135]

All I can say is that my aunt has a hell of a time at POE when she goes to Colombia for 5-6 months. They didn't remove her green card because it was still under a year though.

You have to remember that being a green card holder is a privilage and permission to stay living legally in the US, once you leave for more than 6 months they start questioning how much you want to be a permanent resident of the US.

Diana

Edited April 7, 2008 by Mononoke28

[Boiler 45,980]

Here's the official word from USCIS:

whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year