Maximum time allowed to be out of the country

[PeteUS325 0]

My wife got her temporary green card for about a year now. We just wondering how long can she be out of the US without causing any trouble on re-entry. I was told it is 6 months or you will need to apply for some kind of special re-entry permit. Is that sounds right? Btw, I don't believe there is any difference between having the temporary or permanent green card as far as being away from the country go.

TIA,

Pete

[payxibka 10,045]

not a ROC topic... moving thread

[Penguin_ie 5,993]

Under 6 months, she should have no difficulty (note: that is one trip of 6 months... not 6 months out of the country, a few days back, then leaving again!). From 6 months to one year, she technically doesn't need a re-entry permit, but border control may refuse her entry when she returns to the USA, stating she has abandoned permanent residency. More than one year needs a re-entry permit.

The other issue is when it comes to removing conditions after 2 years, if she spent a lot of time out of the country- especially separated from you- that will cause questions.

[Brother Hesekiel 2,236]

Penguin said it correctly. Here the dummies version:

- up to 1 year:

Only Green Card needed.

- 1 year up to 2 years:

Green Card plus Reentry Permit needed, and must be applied for before leaving.

Understand, . . . whenever a LPR has been abroad for 6 months or more, CBP will have a close look at their file, which they have on the computer when they screen her Green Card. Especially someone with a conditional Green Card, being a "fresh" LPR, will take a risk that CBP assumes abandonment of residency. Even a reentry permit is NO GUARANTEE to avoid problems.

Therefore, if your wife needs to travel home to take care of some things, and comes back, that's fine. If she stays out of the country too long (and every single day TOTAL counts), trouble can start as early as 6 months.

[lucyrich 20]

A further note: It is possible to abandon residence even with a trip of less than six months. It's just that, with less than six months abroad, they'll assume you didn't abandon residence unless some other evidence comes into the record that indicates you did abandon.

Also, failure to file taxes when due is an indication that you are abandoning residence, so remember to file those taxes!

From the USCIS "maintaining your permanent residence" page:

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 United States for more than 1 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 United States may be considered, even if less than 1 year

* Remain outside of the United States for more than 2 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 United States may be considered, even if less than 1 year

* Fail to file income tax returns while living outside of the United States for any period

* Declare yourself a “nonimmigrant” on your tax returns