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Filed: Timeline
Posted
Hi, I am on Green Card and lately I am traveling to India alot due to my personal reasons.


Is there any rule for the minimum time period one can stay outside of US in a calendar year without risking Green Card??


Below is the time period during which I will be on vacation in India.


Vacation 1st

Jan 09, 2015 - Feb 28, 2015 = 50 Days


Vacation 2nd

Sep 19, 2015 - Jan 26, 2016 = 129 Days


Prior to the above mentioned time period, I never had vacation more than 3-4 weeks.


Please help and advise.

Filed: F-2A Visa Country: Pakistan
Timeline
Posted

Hi, I am on Green Card and lately I am traveling to India alot due to my personal reasons.

Is there any rule for the minimum time period one can stay outside of US in a calendar year without risking Green Card??

Below is the time period during which I will be on vacation in India.

Vacation 1st

Jan 09, 2015 - Feb 28, 2015 = 50 Days

Vacation 2nd

Sep 19, 2015 - Jan 26, 2016 = 129 Days

Prior to the above mentioned time period, I never had vacation more than 3-4 weeks.

Please help and advise.

Hi, I am on Green Card and lately I am traveling to India alot due to my personal reasons.

Is there any rule for the minimum time period one can stay outside of US in a calendar year without risking Green Card??

Below is the time period during which I will be on vacation in India.

Vacation 1st

Jan 09, 2015 - Feb 28, 2015 = 50 Days

Vacation 2nd

Sep 19, 2015 - Jan 26, 2016 = 129 Days

Prior to the above mentioned time period, I never had vacation more than 3-4 weeks.

Please help and advise.

Posted
Hi, I am on Green Card and lately I am traveling to India alot due to my personal reasons.
Is there any rule for the minimum time period one can stay outside of US in a calendar year without risking Green Card??
Below is the time period during which I will be on vacation in India.
Vacation 1st
Jan 09, 2015 - Feb 28, 2015 = 50 Days
Vacation 2nd
Sep 19, 2015 - Jan 26, 2016 = 129 Days
Prior to the above mentioned time period, I never had vacation more than 3-4 weeks.
Please help and advise.

As long as you remain in the US more than outside the US, you will have no problems. A re-entry permit is only needed if the LPR is going to remain outside the US for more than 1 year and up to 2 years and knows it and applies before leaving the US. The magic number is 180-days. If you remain outside the US for more than 180-days, the CBP might give you more scrutiny when you returns. Also, you will interrupt your continuous residency which affects when you can file for US citizenship. A trip of 4 months is fine. Also, while outside the US, you must maintain ties to the US which includes filing taxes and maintaining a residence. Several shorter trips are easier to do, but eventually the CBP will see a pattern and if the time outside the US is more than inside, there may be questions as to where you are actually living. There have been reports here on VJ about people doing the 5 month out and a few weeks in and 5 months out for a long period of time before the CBP catches them. Usually you will be warned upon entry and if you are warned, they are making a notation in you file so plan the next trip outside the US carefully. CBP cannot revoke your GC, but they can detain you and have you appear before an IJ to determine if you are still a LPR or not--the key to this is the resident part.

Dave

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

11 months is alot, thats false

Dave is right

that's not false

you can be out of the country under a year, the reentry permit is only needed if you are staying out of the country for more than a year and up to 2 years

after 6 months you will probably be questioned and warned that you are out of the country too much, but they can't take the GC away

Filed: Timeline
Posted

As long as you remain in the US more than outside the US, you will have no problems. A re-entry permit is only needed if the LPR is going to remain outside the US for more than 1 year and up to 2 years and knows it and applies before leaving the US. The magic number is 180-days. If you remain outside the US for more than 180-days, the CBP might give you more scrutiny when you returns. Also, you will interrupt your continuous residency which affects when you can file for US citizenship. A trip of 4 months is fine. Also, while outside the US, you must maintain ties to the US which includes filing taxes and maintaining a residence. Several shorter trips are easier to do, but eventually the CBP will see a pattern and if the time outside the US is more than inside, there may be questions as to where you are actually living. There have been reports here on VJ about people doing the 5 month out and a few weeks in and 5 months out for a long period of time before the CBP catches them. Usually you will be warned upon entry and if you are warned, they are making a notation in you file so plan the next trip outside the US carefully. CBP cannot revoke your GC, but they can detain you and have you appear before an IJ to determine if you are still a LPR or not--the key to this is the resident part.

Dave

Thanks Dave for your suggestion. This was helpful to me.

Filed: Timeline
Posted

that's not false

you can be out of the country under a year, the reentry permit is only needed if you are staying out of the country for more than a year and up to 2 years

after 6 months you will probably be questioned and warned that you are out of the country too much, but they can't take the GC away

Thanks Ale, Does this 6 months is calculated as sum of all vacation in present year or is it just about current vacation ?

 
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