Green Card Holder Travelling Outside the U.S. for More than 6 Months?

[yee2yeec 0]

My uncle is a green card holder by spouse (sponsored by my aunt, a U.S. citizen).  He entered the U.S. in Sept 2018 and has been residing in Seattle since.  He plans to travel outside the U.S. from July 2020 (by then, he would have 21 months of continuous physical presence in the U.S.) and returns about 9 months later.  Would this put his permanent resident status in peril, and how will this impact his future naturalization timeline?  

 

Note that he will maintain his residence here in the states throughout his trip.

 

Any advice?  Thank you!

[Lil bear 4,283]

43 minutes ago, yee2yeec said:

My uncle is a green card holder by spouse (sponsored by my aunt, a U.S. citizen).  He entered the U.S. in Sept 2018 and has been residing in Seattle since.  He plans to travel outside the U.S. from July 2020 (by then, he would have 21 months of continuous physical presence in the U.S.) and returns about 9 months later.  Would this put his permanent resident status in peril, and how will this impact his future naturalization timeline?  

 

Note that he will maintain his residence here in the states throughout his trip.

 

Any advice?  Thank you!

The absence of between 6 and 9 months should not be an issue for returning .. especially if he is able to demonstrate that he has maintained  his US residency.. but it may cause a break in residency that needs to be considered if he applies for naturalisation at the 5 year mark 

[TBoneTX 45,850]

Thread is moved from General Immigration Discussion to the Working & Traveling forum -- topic is travel.

[yee2yeec 0]

5 hours ago, Lil bear said:

The absence of between 6 and 9 months should not be an issue for returning .. especially if he is able to demonstrate that he has maintained  his US residency.. but it may cause a break in residency that needs to be considered if he applies for naturalisation at the 5 year mark 

Thanks for your reply.  Will the 3-year requirement (for spouses) need to restart from the beginning in such a case?

[Nitas_man 3,100]

6 hours ago, yee2yeec said:

Thanks for your reply.  Will the 3-year requirement (for spouses) need to restart from the beginning in such a case?

Usually

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

 

Exceptions to that are in Part C Section 1 and he may well qualify for those exceptions

[Lil bear 4,283]

10 hours ago, yee2yeec said:

Thanks for your reply.  Will the 3-year requirement (for spouses) need to restart from the beginning in such a case?

You  should read the N400 instructions as it lays out the requirements 

[arken 4,197]

Is your aunt traveling with him as well?

[yee2yeec 0]

1 hour ago, arken said:

Is your aunt traveling with him as well?

Yes, she will be.  Their house and residency will remain.

[arken 4,197]

If he gets some monthly statements like utility bills, banks/credit card statements, insurances, and/or if his name is listed on properties like vehicles or houses, he may be able to count those 9 months for his citizenship application. Showing credit/debit card expenses while abroad is also a positive factor.

[ZirZai 36]

Seriously your uncle have nothing to worry about. For some reason my mother in law who has been a green card holder for over 5 years has been able to make trips ranging from 1 to 5 months every year to the US staying most of the year in her home country and no one has bothered her or tried taking her green card ....

 

I know I wouldn't encourage it because its wrong but one trip after 21 months is not going to be problem from what I am seeing ...