more than 6 months out with NOA

[jpine 0]

I am planning on going overseas for work i will be taking my wife. I just read she can not be out of the country for more than 6 months below. Why is this? And is it a fact that she can not leave for more than 6 months. As i said we have NOA and expired green card.

Thanks for the info

[cookiee 0]

that's a rule.. You can stay out of the US for up to 6 months with no consequence, as long as the person has a vaild green card and passport. Over 6 months contact with the US consulate is needed and the green card holder can stay out of the country for up to a year. Over a year the green card holder will forfeit their green card and not be allowed to re-enter the country.

permanent resident CAN stay out of the country for more than a year if they apply for a re-entry permit by USCIS prior to leaving the country. However, for a PR to become a citizen, he/she must have 5 years of continuous residency and staying abroad for more than a year will typically break it regardless of whether a re-entry permit is issued/used.

Edited January 20, 2009 by cookiee

[jpine 0]

thanks so much for the info

that's a rule.. You can stay out of the US for up to 6 months with no consequence, as long as the person has a vaild green card and passport. Over 6 months contact with the US consulate is needed and the green card holder can stay out of the country for up to a year. Over a year the green card holder will forfeit their green card and not be allowed to re-enter the country.

permanent resident CAN stay out of the country for more than a year if they apply for a re-entry permit by USCIS prior to leaving the country. However, for a PR to become a citizen, he/she must have 5 years of continuous residency and staying abroad for more than a year will typically break it regardless of whether a re-entry permit is issued/used.

[queendlee 0]

It's just a rule, that many people try to violate by coming back for a day and leaving again, but I suggest you get a re-entry permit before leaving. Also if you are waiting for the conditions to be lifted, unless they don't call you for an interview you may have some difficulty. Make sure you check your mail often to make sure they don't ask for more information or ask for an interview. The most this will affect is her application for citizenship if you do everything correctly though.