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ombra75

Maximum travel on Advance Parole

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Filed: K-1 Visa Country: Italy
Timeline

Hello,

While we are waiting for his green card, my husband is travelling between Italy and the US on his Advance Parole to close out his business affairs and start a life here with me.

He will continue to travel between here and there until he finds a full time job here.

Is there a limit on how long is can stay outside the US on an Advance Parole? I know that more than 6 months with a green card could flag an intention to abandon the US as his primary residence.

Does Advance Parole have this same time limit?

Thank you in advance for your help!!

Ombretta & Luca

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I don't believe AP has a limit, but it's advisable to consider six months as a top end.

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Hello,

While we are waiting for his green card, my husband is travelling between Italy and the US on his Advance Parole to close out his business affairs and start a life here with me.

He will continue to travel between here and there until he finds a full time job here.

Is there a limit on how long is can stay outside the US on an Advance Parole? I know that more than 6 months with a green card could flag an intention to abandon the US as his primary residence.

Does Advance Parole have this same time limit?

Thank you in advance for your help!!

Ombretta & Luca

It is not the card that limits you, it is being a LPR and maintaining the LPR status. Single trips of less than 6 months are not looked at too closely by the CBP. Several short trips within a 1 year time period will begin to be checked more closely. A trip between 6 months and 1 year will be looked at, but as long as the LPR has maintained their residency in the US then that is usually okay. Trips of more than 1 year but less than two years requires a re-entry permit applied for and received before the LPR leaves the US. Any trip of more than 2 years and the GC is considered abandoned. Right now his AP allows him to travel and re-enter the US as if he had a GC and LPR status. Please read this web page on the USCIOS website about travel as a LPR. Usually the CBP person makes a point to let the LPR know that they have spent more time outside the US and that their LPR status is in jeopardy and may be revoked if they leave the US without remaining for an extended period.

Good luck,

Dave

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Filed: K-1 Visa Country: Italy
Timeline

Dave - thank you for your thorough response. Much appreciated!

I think if we stick to the "no more than 6 months" rule, we should be OK. He usually takes 2 trips a year and each is of a few months.

I was also concerned that his leaving often could affect the decision of whether to give him the GC. Hopefully not.

Moving to a new country and starting over in your 40s is not the easiest thing.

The things we do for love!!

Thanks again.

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Filed: K-1 Visa Country: Wales
Timeline

There are no time limits etc on AP.

He has no status to currently maintain so all that is irrelevant.

I doubt when AP first came into force anybody thought it could take so long to get a GC.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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