how long can we stay outside the USA if we only have greencard

[bjmyrnajourney 1]

I don't have my greencard yet but I am just curious when I have it how long can I go out the country to visit my family back home? I will only be having the 2years one. Thanks everyone.

[Inky 1,110]

Not an adjustment of status question moving to traveling during immigration.

[bjmyrnajourney 1]

Sorry I am using phone so hard to find the right place to put it in. Please move it if u can thank you.

[Dave&Roza 748]

2 yr GC or 10 YR GC makes no difference. As a LPR you must maintain residency in the US in order to retain your LPR status. Typically that means residing in the US for more than 182 days (6 months) in a consective 365 day period. There are exceptions and there are forms you can fill out if you know you will be staying outside the US for more than 6 months or more than 1 year or more than 2 years. You might want to go to the USCIS website and check on maintaining your LPR status should you have extended stays outside the US. The whole point of LPR staus is that you want to be a permenant resident of the US. If you want to remain outside the US for very long periods of time, become a US citizen. Not following the LPR rules for residency puts it at risk and you will have to go thru the whole process again.

Dave

[kcoyclay1 98]

They are also taking note of married spouses who are choosing to return to their country and spend long periods there while their US citizen spouse remains here. It's a big red flag. Even though homesickness is understandable, leaving the love of your life behind is not seen as a good decision. Again, it will be a red flag when it's time to ROC.

Edited February 5, 2012 by kcoyclay1

[VanessaTony 3,567]

2 yr GC or 10 YR GC makes no difference. As a LPR you must maintain residency in the US in order to retain your LPR status. Typically that means residing in the US for more than 182 days (6 months) in a consective 365 day period. There are exceptions and there are forms you can fill out if you know you will be staying outside the US for more than 6 months or more than 1 year or more than 2 years. You might want to go to the USCIS website and check on maintaining your LPR status should you have extended stays outside the US. The whole point of LPR staus is that you want to be a permenant resident of the US. If you want to remain outside the US for very long periods of time, become a US citizen. Not following the LPR rules for residency puts it at risk and you will have to go thru the whole process again.

Just a couple of corrections. There is the re-entry permit for a stay outside the US of more than 12 months and less than 2 years (pretty easy to get. Just paying some money, doing biometrics and waiting). No form is needed for less than 12 months. And you cannot stay longer than 2 years or you give up your status.

If circumstances go beyond your control you can TRY for an SB-1 (returning resident) visa but you need to show exceptionally strong evidence.

All that said, you still need to file taxes and do all that stuff to show you've been maintaining your status. There is a gentleman that just file for USC and was told at his interview that even though he had a re-entry permit for his trip back in 2007, that he abandoned his status.

[Dave&Roza 748]

Just a couple of corrections. There is the re-entry permit for a stay outside the US of more than 12 months and less than 2 years (pretty easy to get. Just paying some money, doing biometrics and waiting). No form is needed for less than 12 months. And you cannot stay longer than 2 years or you give up your status.

If circumstances go beyond your control you can TRY for an SB-1 (returning resident) visa but you need to show exceptionally strong evidence.

All that said, you still need to file taxes and do all that stuff to show you've been maintaining your status. There is a gentleman that just file for USC and was told at his interview that even though he had a re-entry permit for his trip back in 2007, that he abandoned his status.

You are correct. I just wanted to point out that the USCIS website that I linked to mentions that stays of even less than one year can be held against you. So the advice that you do not need any documentation is correct, but I feel most people then make the assumption that since no documentation is required then I am good to go. That may or may not be the case. LPR status is reviewed on a case-by-case basis. If you are staying outside the US for more than 6 months in a one year period, you may be questioned and you may risk loosing your LPR status. It is something to be aware of.

Dave