How Long Can I Leave the US?

[wg1234 0]

I have my green card and wanted to find out how long I can stay outside of the US and how the timing resets (how does the 180 days count). I left SF at the end of October 2020 and currently in Toronto to a family emergency. If I return to the US for a couple weeks by April (so I'm not out for more than 6 months), and I leave again, do the days reset or is it a rolling count over 365 days?  Do the 180 days count per calendar year or is it a rolling count over 365 days?

[aaron2020 11,651]

17 minutes ago, wg1234 said:

I have my green card and wanted to find out how long I can stay outside of the US and how the timing resets (how does the 180 days count). I left SF at the end of October 2020 and currently in Toronto to a family emergency. If I return to the US for a couple weeks by April (so I'm not out for more than 6 months), and I leave again, do the days reset or is it a rolling count over 365 days?  Do the 180 days count per calendar year or is it a rolling count over 365 days?

Google maintaining legal permanent residency.

 

A green card is for living in the US.  Not brief trips to the US to maintain LPR status.  The US Government can look at both trips outside the US with a couple weeks inside the US as a whole.  

Consider getting a Re-Entry Permit if you want to be outside the US.  This is the proper way to do it.  

[wg1234 0]

Thanks! I am living in the US and that is my intent but had to return to Toronto for a family emergency and now death to deal with. I'll look into the re-entry permit.

Edited February 5, 2021 by wg1234

[mushroomspore 3,044]

7 minutes ago, wg1234 said:

Thanks! I am living in the US and that is my intent but had to return to Toronto for a family emergency and now death to deal with. I'll look into the re-entry permit.

You can only file for the re-entry permit while present in the USA and obviously, you can't leave without it. By the time April comes around, your absence will be six months. That's technically okay but it may raise questions. It just depends on the agent you get. How long do you plan on being away after April?

Edited February 5, 2021 by mushroomspore

[wg1234 0]

5 minutes ago, mushroomspore said:

You can only file for the re-entry permit while present in the USA and obviously, you can't leave without it. By the time April comes around, your absence will be six months. That's technically okay but it may raise questions. It just depends on the agent you get. How long do you plan on being away after April?

Probably just 1 more month to finish settling the estate.

[mushroomspore 3,044]

1 hour ago, wg1234 said:

Probably just 1 more month to finish settling the estate.

You'll most likely be alright. Just be prepared to explain. You may get some pointed grilling; you may not. It'll depend on the CBP agent. But ultimately, you should be alright. 

[wg1234 0]

28 minutes ago, mushroomspore said:

You'll most likely be alright. Just be prepared to explain. You may get some pointed grilling; you may not. It'll depend on the CBP agent. But ultimately, you should be alright. 

Thank you!!

[TBoneTX 45,287]

When you seek to re-enter the U.S., have with you the documents that will support your stated reason for being out so long -- death certificate, announcement of estate sale or settlement, perhaps a letter from the decedent's doctor that describes the lengthy illness and the family support required.

 

Have these ready to stick into the CBP agent's hand at the first question or first sign of any doubt.  Helpfully add, "I'll be happy to discuss these with the Shift Supervisor if his/her approval is required."

 

And please let us know, in detail, your actual experience.

Edited February 6, 2021 by TBoneTX

[wg1234 0]

On 2/6/2021 at 2:14 AM, TBoneTX said:

When you seek to re-enter the U.S., have with you the documents that will support your stated reason for being out so long -- death certificate, announcement of estate sale or settlement, perhaps a letter from the decedent's doctor that describes the lengthy illness and the family support required.

 

Have these ready to stick into the CBP agent's hand at the first question or first sign of any doubt.  Helpfully add, "I'll be happy to discuss these with the Shift Supervisor if his/her approval is required."

 

And please let us know, in detail, your actual experience.

Thanks for the tips on bringing the additional documentation (I was planning on bringing the death certificate but didn't think of the other documents). I'll reply back with my actual experience.

[TBoneTX 45,287]

Your experience will surely enlighten others.  Good luck.

[wg1234 0]

Update: I was able to re-enter the US with no issues. The CBP agent didn't ask for any additional documentation (ie death certificate, etc).

[H.Angy 51]

If you are out for more than 1 year, they might ask something.