Travel up receiving new GC?

[fcrvenkovic 0]

Hi all,

I've had my GC since '94 and just got notified today that the USPS has picked up mail from USCIS containing my new card.

I know I'm free to travel outside the US for as much as I want, as long as I'm not outside for more than a year.

However, when I was talking to my lawyer prior to filing the I-90 in June, he told me that Immigration Services have started 'frowning upon' people that have been gone for just a couple of months, let alone a year!

My parents and friends are in Croatia (where I'm originally from), and I don't want to be afraid to travel back home for a couple of months on end.

Do I have reason to worry? What if I go to Croatia for 6 months?

[msupreme2284 0]

Hi all,

I've had my GC since '94 and just got notified today that the USPS has picked up mail from USCIS containing my new card.

I know I'm free to travel outside the US for as much as I want, as long as I'm not outside for more than a year.

However, when I was talking to my lawyer prior to filing the I-90 in June, he told me that Immigration Services have started 'frowning upon' people that have been gone for just a couple of months, let alone a year!

My parents and friends are in Croatia (where I'm originally from), and I don't want to be afraid to travel back home for a couple of months on end.

Do I have reason to worry? What if I go to Croatia for 6 months?

My parents are gc holders who stay out of country for 6 months. They don't questioned at airport. Also, I've never heard stories where the gc was cancelled or taken away by uscis at the airport. Though, I've heard some people going into separate section at airport to answer more questions. I've personally will not suggest you to stay outside for more than 2 months because this may raise red flags during your citizenship paperwork (again - my thought process not legal advice)

[fcrvenkovic 0]

My parents are gc holders who stay out of country for 6 months. They don't questioned at airport. Also, I've never heard stories where the gc was cancelled or taken away by uscis at the airport. Though, I've heard some people going into separate section at airport to answer more questions. I've personally will not suggest you to stay outside for more than 2 months because this may raise red flags during your citizenship paperwork (again - my thought process not legal advice)

This was one of the interesting things that my lawyer told me during our consult and something which I haven't really thought about, but he said: "Nobody can take away your green card, not an Immigration officer, a regular Police Officer, nobody! Only a judge can take it away from you or one can willingly abandon it.'

Even though your thought process is valid, and certainly makes sense. You know how it is nowadays. People travel, have family all over the world etc. We're already a global society so traveling and being outside of the country for extended periods of time isn't unusual. This of course has nothing to do with how the USCIS sees things nor should they, but I guess I'm just thinking out loud

Any other experiences would be greatly appreciated!

[gnasa 3]

There are numerous topics and websites that explain more clearly than I can about 'maintaining residency' or 'abandoned residency' within USA during extended travel for legal permanent residents.

For trips greater than 1 year, a GC holder needs to have a valid Re-Entry Permit. It is easiest/required to get the re-entry permit before the GC holder departs/starts their journeys. For a trip of less than 1-year, a GC holder is reasonably safe from having been deemed abandoned residency, but it is a very grey area. A history of several repeat trips with more time abroad than in the USA will raise flags and cause residency to be questioned.

[Brother Hesekiel 2,236]

If you have a single absence of up to 6, perhaps even 7 or 8 months, it will not be a problem.

Up to 6 months, CBP will assume in your favor that you did not abandon your residency.

From 6 months on, it's likely that you will be questioned and ask to prove that you still reside in the U.S. If you have a house or apartment, a car, a dog or cat, insurances, you still live in the U.S. and everything will be fine.

If a pattern of absences from the U.S. indicates that you are just visiting, then you have a problem. Yes, many immigrants have family in other countries, but few of us get 6 months of vacation per year and those who are unemployed and thus have more time, usually lack the money for such extended vacations.

If a Green Card holder is in the U.S., it takes indeed the signature of a judge to revoke one's immigration status. But if a foreigner has spent considerable time outside the U.S. and CBP determines that he effectively abandoned his residency while he is seeking admission, they have the right to take his Green Card away and refuse to admit him. They may "parole" him into the U.S. after having signed a form surrendering his Green Card, or they can put him in detention jail with a stainless toilet in the middle of the room and a few roommates, but in real life somebody who abandoned their residency won't be seeing a judge.