Green Card Holder planning to stay in the Philippines for more the 6 months

[iMean 4]

Aloha everyone,

I need help and guidance about my Dad who traveled to the Philippines and wanted to stay there for less than a year. How long can he stay out of the country without getting questioned by the immigration? Will this jeopardize his green card status? He left in August 2015. Thank you all for your response.

Mary Anne

[Boiler 46,034]

Why is he taking such a long vacation? US is the land of the 2 week vacation.

[aaron2020 11,651]

Less than a year is fine as long as he is maintaining his US residence. Is he maintaining his US residence as required?

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.
• Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
  • The reason for your trip;
  • How long you intended to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.
  • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
• Fail to file income tax returns while living outside of the United States for any period.
• Declare yourself a “nonimmigrant” on your U.S. tax returns.

Edited December 23, 2015 by aaron2020

[aaron2020 11,651]

Why is he taking such a long vacation? US is the land of the 2 week vacation.

Why does it matter?

The US Government doesn't care how long his vacation last. Why do you need this answered to give the OP an answer?

The US is also the land of do whatever I want. I've been on a 6-month vacation, and a bunch of other vacations that last over a month.

Stop posting opinions as questions when you have no intent to help.

More smartass posts for your amusement.

[iMean 4]

Why is he taking such a long vacation? US is the land of the 2 week vacation.

I'm not sure if I should answer you, but why not. He had cardiac arrest, survived but led him to becoming forgetful. Doctor had told us that he needs brain exercise. Since staying at the house by himself all day does not help him recover, we thought going back to the Philippines even just for a while may help him recover since there are more people that he can talk to over there, then come back here again to continue his life and go back to work. Thanks for your comment.

[iMean 4]

Less than a year is fine as long as he is maintaining his US residence. Is he maintaining his US residence as required?

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.
• Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
  • The reason for your trip;
  • How long you intended to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.
  • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
• Fail to file income tax returns while living outside of the United States for any period.
• Declare yourself a “nonimmigrant” on your U.S. tax returns.

I'm not sure what is the requirement in maintaining US residency but I'm pretty sure he wants to come back here and continue his life. Do you happen to know if there are requirements needed so he can stay in Philippines for less than a year? Thank you for your input, really appreciate it.

[Boiler 46,034]

It is relevant as to why someone is going so long, the vast majority of people do not have such an opportunity, this is NOT the norm.

[aaron2020 11,651]

I'm not sure what is the requirement in maintaining US residency but I'm pretty sure he wants to come back here and continue his life. Do you happen to know if there are requirements needed so he can stay in Philippines for less than a year? Thank you for your input, really appreciate it.

The green card is for living in the US.

If your father is outside the US for any amount of time, he can be deemed to have abandoned his green card unless he maintain his US residence.

YOU BETTER MAKE SURE YOU KNOW WHAT THE REQUIREMENTS ARE TO MAINTAIN US RESIDENCY. Did your father keep his residence in the US? Does he still have a bank account here?

The problem is not "the requirements needed so he can stay in Philippines for less than a year." The US does not care what requirements he needs to stay in the PI. The problem is "the requirements to maintain his US residence while he is outside the US." What is he doing to show that the US is his PERMANENT RESIDENCE? Ties to the US.

[iMean 4]

The green card is for living in the US.

If your father is outside the US for any amount of time, he can be deemed to have abandoned his green card unless he maintain his US residence.

YOU BETTER MAKE SURE YOU KNOW WHAT THE REQUIREMENTS ARE TO MAINTAIN US RESIDENCY. Did your father keep his residence in the US? Does he still have a bank account here?

The problem is not "the requirements needed so he can stay in Philippines for less than a year." The US does not care what requirements he needs to stay in the PI. The problem is "the requirements to maintain his US residence while he is outside the US." What is he doing to show that the US is his PERMANENT RESIDENCE? Ties to the US.

Thank you for your input. Yes, he still have his bank account plus his Doctors allowed him to go beyond 6 months but not more than a year since his defibrillator needs to be checked every 6 months. Well, I tried to check other forums, they talk about loopholes and most suggestions are not to exceed six months to avoid excruciating process. If this is the case, I think its better that he comes back soon. Thank you and hope you have a good holiday celebration

[Boiler 46,034]

Abandonment is very fact specific and very few Immigration Lawyers are that conversant with it, certainly nobody on this board including me.

If you wish to seek legal advice on the subject make sure it is with someone who has tried a few cases.

My own tale involves a friend who had been here many years and went to Brazil for 5 months, he was given such a hard time on re entry he decided to naturalise and avoid the hassle.

[Hypnos 6,578]

Staying outside of the US no longer than six months at a time isn't a hard and fast rule, but it makes life much simpler to consider it one.

Typically an LPR can be outside the US between six and twelve months without issue, but may need to show CBP proof that you've maintained your residency.

Over twelve months and upon re-entry he would likely be asked to voluntarily surrender his green card by CBP. Failing to do so would probably result in them issuing him a Notice To Appear in immigration court, where they would ask an immigration judge to formally revoke his green card due to abandonment.

Edited December 24, 2015 by Hypnos

[NCMom 0]

Here is an option the USCIS offers...a reentry permit.

http://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

[Boiler 46,034]

I think my point is proven

[minions2 24]

6mo is ok but not more than 1 yr

[PhilLuv 43]

It is used to be the case that you could travel to Germany without a visa, but with a green card. This was changed about 2 years ago.