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Pat Argen

Longest Stay Out of the US with Advance Parole?

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Filed: AOS (pnd) Country: Philippines
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Hi everyone just wanted to know about your stay out of the US using AP while waiting for your GC??? do any of you stayed longer out of the country for more than 8 months? Did u encounter any problems? What’s the longest stay of yours out of the US? Thanks to those who’ll respond! 

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Filed: AOS (pnd) Country: Philippines
Timeline
1 minute ago, OneD said:

I stayed out for 3 months. I had no issues getting back in. I went to secondary inspection upon my return and they checked to see if the card was valid. Good luck.

Hi OneD! May i know when was this? I might be away for 8 months (but less than a year for sure) and have been very hesitant about leaving the US using my AP

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In 2016. I left June 4 and returned Sept 4. My husband, daughter and I travelled back as a family. Husband filled out one customs form (at that time you had to fill out a form), went to CBP agent, he waved to another agent standing behind to take people to secondary and gave him MY PASSPORT and the customs form. The other 2 passports were returned since they were citizens. Husband and daughter accompanied me to secondary. We waited about 15 minutes while the CBP agent called somewhere (I dont know where) to check if the card was still valid. She did not ask me any questions. She just told me I was free to go and welcome back/home.

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3 hours ago, Pat Argente said:

Hi everyone just wanted to know about your stay out of the US using AP while waiting for your GC??? do any of you stayed longer out of the country for more than 8 months? Did u encounter any problems? What’s the longest stay of yours out of the US? Thanks to those who’ll respond! 

I wouldn't do that.  Even with a GC, spending >6 months out of the US can be considered abandonment of LPR status.  Plus, what if you get called to do the interview?

 

If you want to be away for 8 months, perhaps you are not ready to become a permanent resident, which is for living in the US, not elsewhere.

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I've always understood the policy is less than a year.  Note that you need to be able to make any appointments that might occur while you are gone.

 

Also remember that any long periods of absence will delay your citizenship petition, if that is your ultimate goal.

 

https://www.nolo.com/legal-encyclopedia/can-stay-outside-us-advance-parole-while-awaiting-adjustment-status.html

 

 

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Filed: Lift. Cond. (apr) Country: China
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4 hours ago, Pat Argente said:

Hi everyone just wanted to know about your stay out of the US using AP while waiting for your GC??? do any of you stayed longer out of the country for more than 8 months? Did u encounter any problems? What’s the longest stay of yours out of the US? Thanks to those who’ll respond! 

 

1 hour ago, Jorgedig said:

I wouldn't do that.  Even with a GC, spending >6 months out of the US can be considered abandonment of LPR status.  Plus, what if you get called to do the interview?

 

If you want to be away for 8 months, perhaps you are not ready to become a permanent resident, which is for living in the US, not elsewhere.

I agree with Jorgedig. :thumbs:  Be careful with your proposed plan, down the road, when and if you attempt to apply for USC you may run afoul of the "residence and physical presence in the US" requirements for US citizenship. You can check the VJ USC Guide for specific details.

 

YMMV

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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