what's the maximum stay outside US as GC holder?

[EMR 0]

hello..what's the maximum stay of a GC holder outside US without any issue or problem at the POE when ask by immigration officer when he comes back here? thanks ..

[Pegworth 2]

hello..what's the maximum stay of a GC holder outside US without any issue or problem at the POE when ask by immigration officer when he comes back here? thanks ..

I think you can't stay out over a year.

[aleful 1,905]

hello..what's the maximum stay of a GC holder outside US without any issue or problem at the POE when ask by immigration officer when he comes back here? thanks ..

six months. after 6 months they can give you a headache and a hard time, and less

than a year.

[Lansbury 19]

hello..what's the maximum stay of a GC holder outside US without any issue or problem at the POE when ask by immigration officer when he comes back here? thanks ..

It isn't quite as simple as a straight time limit. It is if the CBP officer considers you have abandoned your status. However even if they do they cannot refuse you entry only an immigration judge can give a ruling on abandonment. So if they consider that to be the case it will eventually go to a court to be determined.

The general accepted guideline is up to 6 months out no problem. 6 - 12 months you may or may not have some issue. Over 12 months get reentry permit, or whatever the thing is called before you leave. That will give you up to 24 months.

If you stayed out longer than 24 months they still have to prove you have abandoned your status. Remember you are a legal permanent resident until an immigration judge says you are not, a CBP officer cannot make that determination.

Edited November 17, 2010 by Lansbury

[Pegworth 2]

Ok I found this:

PRECAUTIONS

Consequently, it is very important that other precautions, such as the following, be taken:

1. OBTAIN A REENTRY PERMIT

If you will be leaving the U.S. for more than one year, but less than two years, it is advisable to obtain a reentry permit prior to leaving the U.S.

Note that if you continue to request a number of reentry permits (one after the other) the I.N.S. is likely to deny your application.

2. FILE TAX RETURNS

ALWAYS FILE A U.S. RESIDENT TAX RETURN, AS WELL AS ANY OTHER APPLICABLE STATE, CITY, OR LOCAL TAXES.

Be sure to file resident tax returns, e.g., 1040, and not a non-resident tax return!

Note that this does not necessarily mean that you must actually pay U.S. income taxes, it only means that you must file a resident tax return and declare your worldwide income on that return, even if most of this income is exempt from taxation. Consult a tax adviser where applicable.

Keep copies of all tax returns you have filed as a resident, and BRING THESE COPIES WITH YOU WHEN ENTERING THE UNITED STATES.

3. MAINTAIN A U.S. ADDRESS:

Maintain a U.S. Address, even if the address is the home of a friend or relative.

If possible, do not use "in care of" for your address.

DO NOT have a U.S. address which is a resort or hotel.

4. MAINTAIN U.S. BANK ACCOUNTS

You should leave open and continue to use U.S. Bank accounts.

For example, some employers, when assigning an employee overseas, will continue to pay the employee in U.S. dollars, depositing the amount directly into the employee's U.S. account.

5. MAINTAIN U.S. DRIVER'S LICENSE:

You should continue to RENEW your U.S. Driver's license.

Be sure that the address on your license is the same as that recorded on any immigration documents.

Carry your driver's license when entering the U.S.

6. MAINTAIN U.S. CREDIT CARD ACCOUNTS

7. OWNERSHIP OF U.S. PROPERTY

If possible, continue ownership of U.S. property, e.g., houses, condominiums, businesses, automobiles, etc.

For example, a person assigned abroad may want to rent, rather than sell, his or her U.S. residence.

8. DOCUMENT REASONS FOR LONG STAYS ABROAD

EMPLOYMENT CONTRACTS: Before leaving the U.S. on long assignments abroad, it is advisable to obtain a written employment contract, or letter, from your employer.

The contract or letter should specify the terms and length of employment.

If the employment will lead to a transfer back to the U.S., or to a U.S. based affiliate of the foreign employer, the contract or statement should include this fact.

9. SOCIAL SECURITY NUMBER

Be sure to maintain your social security card, and carry it with you on your return to the U.S.

If you have not yet done so, be sure to apply for the type of social security card which permits you to work in the U.S.

10. SELECTIVE SERVICE

For persons of applicable age, be sure to register with selective service.

11. KEEP YOUR GREEN CARD VALID:

Be sure to renew your green card when it expires.

Children who reach the age of fourteen (14) must file an application to replace their green card unless the prior card will expire before they reach age 16.

12. THINGS TO AVOID (which may unintentionally create the appearance of having abandoned the INTENTION of continuing to reside permanently in the United States):

DO NOT return to the U.S. using any form of non-immigrant visa. For example, if you stay outside the U.S. for longer than one year, without having obtained a reentry permit, do NOT return to the U.S. on a tourist visa; instead, apply to the U.S. consulate for a Special Immigrant Visa.

DO NOT arrive via a chartered air carrier where nearly all passengers are nonimmigrant.

DO NOT return to the U.S. with a spouse and or children who are neither citizens nor green card holders, especially if they will be in the U.S. only a short time.

DO NOT arrive at a port of entry functioning as a gateway to a resort area.

DO NOT enter the U.S. on a round-trip ticket which terminates outside the U.S.

---------------------

NOTE: That even if you take all of the above precautions, there is NO GUARANTEE that the U.S. immigration inspector will not exclude you from the U.S. for other reasons, e.g., such as for committing a crime involving moral turpitude. The above information is intended solely as general reference information. It is not legal advice. Consultation with an immigration attorney is recommended. In addition, please note that Immigration Laws frequently change.

It may be old they use INS instead USICS.

Edited November 17, 2010 by Pegworth

[pushbrk 12,893]

hello..what's the maximum stay of a GC holder outside US without any issue or problem at the POE when ask by immigration officer when he comes back here? thanks ..

It's not cut and dried. Google "Maintaining Permanent residence USA" and read what USCIS says about it.

[Pegworth 2]

Travel Limitations For U.S. Citizens And Green Card Holders

November 14, 2010 | By KNews | Filed Under News

U.S. Immigration TALK

As the holiday season approaches and many people travel back to their home country, it is important to understand travel limitations. Many lawful permanent residents (green card holders) and naturalised U.S. citizens are not aware of the consequences of traveling abroad for a long period of time. This article will address some common questions associated with traveling outside the U.S.

Gail S. Seeram, LL.M, J.D., BBA

(1) What is the maximum time a lawful permanent resident (LPR) or green card holder can stay outside the U.S.?

Answers: (a) If a LPR stays outside of the U.S. for more than 180 days, s/he must apply for readmission to the U.S. Also, any one trip outside of the U.S. for more than 180 days will also break the “continuously residency” requirement to become a naturalized U.S. citizen.

(b) If an LPR stays outside of the U.S. for more than one year and s/he is returning to his or her permanent residence in the United States, s/he usually must have a re-entry documentation from USCIS or an immigrant visa from the Department of State. Thereby, a LPR who stays outside the U.S. for more than one year on any one trip is considered to have abandoned their lawful permanent residency and would have to reapply for an immigrant visa or apply at the U.S. Consulate abroad for a Special Immigrant Returning Resident Visa (SB-1).

© In conclusion, any trip taken by a LPR outside the U.S. should be for less than six months

This is more current.

[Sra Gomez 9]

Most tourist visas are 90 days - just a fyi - staying longer than that might rise suspicion. Officially though, with the GC you can stay out for 6 months.

Edited November 17, 2010 by Futura Sra Gomez

[Harpa Timsah 13,258]

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

It says here that you can leave for up to a year without obtaining a reentry permit. So, "officially" it is ONE YEAR, not six months. It also says that visits outside of the US for even less than a year can be considered for abandonment of status (I read this is as for people who have continued prolonged absences from the US, not a one-time thing). I don't trust these lawyer blogs who talk about how more than one year needs a reentry permit (which is true) and then conclude that therefore 6 months is max...

[Wayne and Claudia 40]

If you only have a conditional GC be very cautious since you will have to show that you have maintained a residence inside the US for that conditional period.

[TravellingNomad 12]

although you can be out of the US for one year as a GC holder, i wouldn't advise on pushing it to the limit. when i was a GC holder, i used to go back home to the Philippines months at a time. under 6 months, when i go through my POE, they just ask if i had a good vacation. but when i did stay up to 6 months, they asked a few more questions about why i was out of the country for that long.

also, when i went to college back home, i had a re-entry permit since i was going to be out of the country more than a year. did not have any problems coming back into the US. of course, i had report cards and school transcripts with me just in case they do ask me for any documentations. you have to have a very good reason for staying out of the country for a year so that CBP does not grill you.

[SuperDuper! 230]

It sounds like an anecdotal consensus: If you are out of the US for 6 months or less on a conditional GC, you should be just fine. Just be sure that you can demonstrate that you are integrating into mainstream US society and "laying down roots", and have these evidences in 2 years, come ROC time.

[LotofPatience 65]

It isn't quite as simple as a straight time limit. It is if the CBP officer considers you have abandoned your status. However even if they do they cannot refuse you entry only an immigration judge can give a ruling on abandonment. So if they consider that to be the case it will eventually go to a court to be determined.

The general accepted guideline is up to 6 months out no problem. 6 - 12 months you may or may not have some issue. Over 12 months get reentry permit, or whatever the thing is called before you leave. That will give you up to 24 months.

If you stayed out longer than 24 months they still have to prove you have abandoned your status. Remember you are a legal permanent resident until an immigration judge says you are not, a CBP officer cannot make that determination.

http://www.uscis.gov...000082ca60aRCRD

It says here that you can leave for up to a year without obtaining a reentry permit. So, "officially" it is ONE YEAR, not six months. It also says that visits outside of the US for even less than a year can be considered for abandonment of status (I read this is as for people who have continued prolonged absences from the US, not a one-time thing). I don't trust these lawyer blogs who talk about how more than one year needs a reentry permit (which is true) and then conclude that therefore 6 months is max...

[VanessaTony 3,567]

12 months without a re-entry permit.

After 6 months they can assess you for "abandoning residency".

Another factor to consider. Naturalisation.

- If you are out for more than 6 months your naturalisation clock is paused. So while you might be a GC holder for 3 years, you would need to wait until 3 years and 6 months before you can naturalise.

- If you are out more than 12 months, your clock is reset back to 0. So once you're back in the US you need to stay there for 3 years (again) until you can naturalise.

[TSC Blackhole 11]

I have a question. What if my hubby enters US and looks for a job for a while and cannot find one, then goes back to canada for a month or so to work? Can he still work in Canada while he is a Permanent Resident here, or is that frowned upon?