10Yr GreenCard - Travelling Conditions

[nataliarb 0]

Hi Everybody!

I am a 10year greencard holder. Currently I am going thru some family related emergency in my home country. I heard before that if I stay overseas over 6months I could loose my GC, Does anybody knows how long am I allowed to stay overseas?

Thanks in advance!

Edited March 22, 2011 by nataliarb

[RICARDO4EVA2 195]

Hi Everybody!

I am a 10year greencard holder. Currently I am going thru some family related emergency in my home country. I heard before that if I stay overseas over 6months I could loose my GC, Does anybody knows how long am I allowed to stay overseas?

Thanks in advance!

If you're travelling overseas you can stay 6 months - NO Problem. You can Stay 6 months to under 1 year and you most likely will not have a problem after showing proof to validate your trip. IF your trip will last longer than one year then you will need to apply for a re-entry permit that will allow you to be out the country for up to 2 years.

[SophWeb 25]

Any extended period of absence can be held against you.

Yes, usually people say that up to 6 months is fine, but anything more than that then Immigration looks a little deeper. Over a year you need re-entry permit.

If you intend to be away for close to 6 months, I would just make sure you have some proof of your family situation when you re-enter the US, so Immigration knows you were there for a valid reason. Like something medical related, saying that a family member was ill. Even a note from a doctor. That may seem like excessive over-kill, but it's just a quick note and it may save you future headache when you try to re-enter. Better to be safe than sorry.

[HeatDeath 430]

Another thing to keep in mind is this:

Generally speaking, US permanent residents are expected to spend at least 50% of their time in the US. So if you leave for 4-5 months, come back for 3 weeks, and leave again for another 4-5 months, that's just as bad, from CBP's point of view, as a 9-10 month trip out. It will cause them to seriously wonder if you are really maintaining a US residence. You can't keep that up for very long without getting your GC revoked, even if you're never out of the US for more than 6 months at a time.

[katiemanny 64]

Your citizenship eligibility will reset to day 1, means after you come back from your trip if married you will have to wait 3 years from the date you entered, 5 years if not married to same US Citizen from the date you entered. I haven't traveled outside this country since I entered with my k1 visa and possibly will have my citizenship before I leave for any trip.

[Jojo92122 1,924]

Read this from USCIS; http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Maintaining Legal Residency

[SophWeb 25]

Your citizenship eligibility will reset to day 1, means after you come back from your trip if married you will have to wait 3 years from the date you entered, 5 years if not married to same US Citizen from the date you entered. I haven't traveled outside this country since I entered with my k1 visa and possibly will have my citizenship before I leave for any trip.

That's not necessarily true. The citizenship clock only resets after a certain period of absence, not the second you leave the US. I cannot recall the exact dates. But for example, I could travel back to Australia for a month to visit and I know my citizenship clock would not reset.

ADDING -

VJ guide says -

If you have taken any trip outside the United States that lasted six months or more since becoming a Permanent Resident, send evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as:

An IRS tax return transcript or an IRS-certified tax return listing tax information for the last five years (or for the last three years if you are applying on the basis of marriage to a U.S. citizen) OR Rent or mortgage payments and pay stubs.

So basically, so long as you can prove you still maintained residency, you can leave the US for an extended period of time.

Edited March 24, 2011 by SophWeb

[nataliarb 0]

Read this from USCIS; http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Maintaining Legal Residency

Thanks, for the link Jojo!!!

_____________________________________

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

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

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

[katiemanny 64]

That's not necessarily true. The citizenship clock only resets after a certain period of absence, not the second you leave the US. I cannot recall the exact dates. But for example, I could travel back to Australia for a month to visit and I know my citizenship clock would not reset.

ADDING -

VJ guide says -

If you have taken any trip outside the United States that lasted six months or more since becoming a Permanent Resident, send evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as:

An IRS tax return transcript or an IRS-certified tax return listing tax information for the last five years (or for the last three years if you are applying on the basis of marriage to a U.S. citizen) OR Rent or mortgage payments and pay stubs.

So basically, so long as you can prove you still maintained residency, you can leave the US for an extended period of time.

She said her trip might be more than 6 months. I was referring base on staying past 6 months outside the US.

[VanessaTony 3,567]

She said her trip might be more than 6 months. I was referring base on staying past 6 months outside the US.

Well regardless you're still not right. It PAUSES after 6 months and resets after a YEAR. However, if you have a re-entry permit some of the period you were out still counts... that part I don't fully understand but it's explained in the naturalisation stuff.