ABANDONMENT

[andywv 0]

Hi , Myself and my family have recently decided to return home to the U.K. i have struggled to find continuity of work and we were spiralling into debt and had no health insurance . Reluctantly we thought our best option was to come back , regroup and wait for things to pick up again workwise . My question is , how long can i stay out of the U.S. before they consider my green card abandoned ? thanks .

[Lansbury 19]

That is a bit of an opened ended question.

Strictly speaking if you are not residing permanently in the US you are not a permanent resident and could be considered to have abandoned that status.

Elsewhere it is suggested do not stay out longer that 12 months but even then on your return you might be questioned about having abandoned your status. So others will say don't stay out longer than 6 months.

You can file before you leave for up to a 2 year stay outside the US and that might be your best bet if you think you will return within that time.

Abandonment is a very tricky subject and some immigration lawyers make a living just dealing with those cases.

[Penguin_ie 5,993]

It's somewhat up to the officer at the PoE when you want to go back, but you are supposed to reside in the USA to have a green card, so if you spend more time outside the US than in (usually 6+ months, though you can apply for a re-entry permit before you go) or if you clearly reside in a different country (no home/job/ bank accounts in the USA, but have these things in the other country), you'll be in trouble.

[^KK^ 3]

i hope everything work out.

[I Miss Her 0]

Hi , Myself and my family have recently decided to return home to the U.K. i have struggled to find continuity of work and we were spiralling into debt and had no health insurance . Reluctantly we thought our best option was to come back , regroup and wait for things to pick up again workwise . My question is , how long can i stay out of the U.S. before they consider my green card abandoned ? thanks .

Reentry permit require if you are coming back after more than a year. This permit is valid for two years.

If you are unable to come back within travel validity period of GC or reentry permit then you need “special immigrant Returning Resident (SB-1) visa”.

You may apply for “Returning Resident (SB-1) visa at US embassy/ consulate. There are certain requirements that you need to fulfill, e.g., that you stay back due the reasons beyond your control and for which you are not responsible. There is no guarantee for this visa.

[pushbrk 12,884]

Hi , Myself and my family have recently decided to return home to the U.K. i have struggled to find continuity of work and we were spiralling into debt and had no health insurance . Reluctantly we thought our best option was to come back , regroup and wait for things to pick up again workwise . My question is , how long can i stay out of the U.S. before they consider my green card abandoned ? thanks .

Reentry permit require if you are coming back after more than a year. This permit is valid for two years.

If you are unable to come back within travel validity period of GC or reentry permit then you need “special immigrant Returning Resident (SB-1) visa”.

You may apply for “Returning Resident (SB-1) visa at US embassy/ consulate. There are certain requirements that you need to fulfill, e.g., that you stay back due the reasons beyond your control and for which you are not responsible. There is no guarantee for this visa.

Those are all possibilities. By definition, anything that must be "applied for" can be denied and even with a successful application for any of the above, reentry is still a decision made by CBP, not USCIS or DOS to which such applications are made.

Google "maintaining permanent resident status".