How long can you stay out of the US using advanced parole?

[Mrsjackson 300]

Hello, 

 

Back again. I am sure this has been posted but I’ve seen contradictory information relating to my question so here goes. Once I receive my Advanced Parole document (mine is set to come in July hopefully based on current processing times), how long am I allowed to stay outside of the United States? I’ve seen different information saying 6 months and others say up to one year as long as the document doesn’t expire. Does anyone know for sure? 

[Lil bear 4,228]

7 minutes ago, Mrsjackson said:

Hello, 

 

Back again. I am sure this has been posted but I’ve seen contradictory information relating to my question so here goes. Once I receive my Advanced Parole document (mine is set to come in July hopefully based on current processing times), how long am I allowed to stay outside of the United States? I’ve seen different information saying 6 months and others say up to one year as long as the document doesn’t expire. Does anyone know for sure? 

This is not just as simple as the length of time out of the US. An LPR is never guaranteed entry even with unexpired current documents. At POE the CBP will always be assessing if the returning resident had failed to maintain their residency or not. General guidelines that are commonly discussed 

Trips of  6 months or less are usually no issue unless there are repeated absences and or activity while out which raises the question of having established residency elsewhere and hence abandoned residency  in the US

 

Absences between 6 and 12 months are likely to attract attention and result in questioning, cautionary warning etc 

 

Absences If over 12 months are deemed to have abandoned residency ... but this must be referred to a hearing before an immigration judge ... 

 

[Mrsjackson 300]

11 minutes ago, Lil bear said:

This is not just as simple as the length of time out of the US. An LPR is never guaranteed entry even with unexpired current documents. At POE the CBP will always be assessing if the returning resident had failed to maintain their residency or not. General guidelines that are commonly discussed 

Trips of  6 months or less are usually no issue unless there are repeated absences and or activity while out which raises the question of having established residency elsewhere and hence abandoned residency  in the US

 

Absences between 6 and 12 months are likely to attract attention and result in questioning, cautionary warning etc 

 

Absences If over 12 months are deemed to have abandoned residency ... but this must be referred to a hearing before an immigration judge ... 

 

Okay so best to keep absences under 6 months then? Have you heard of anyone staying longer than 6 months and running into issues? 

[Ontarkie 14,234]

If this is going back to Canada to use their health insurance for the birth of your child then do no do it. That alone can cause you to lose your chance at a  GC and they will know that when you bring your child's birth certificate to your GC interview. You cannot claim to be a Canadian resident (which you would have to do in order to use Canadian health care) and expect to get a US GC. 

[Lil bear 4,228]

8 hours ago, Mrsjackson said:

Okay so best to keep absences under 6 months then? Have you heard of anyone staying longer than 6 months and running into issues? 

It’s  about perceived intent and not just length of time