Will my husband be allowed in the US or will he lose his green card?

[derwydd-llyn 0]

My husband got his green card in January 2020. In March 2021, we travelled to the UK to visit his family so they could meet our daughter. We stayed for six months. We returned to the US in September. I was accepted into a Master's programme in the UK, so we left at the end of September after I got my visa, and we've been here in the UK since (nine months). I am at the end of my course now, and was hoping to go back to the US soon.

 

However, when we go back to the US, will my husband be required to give up his green card? Since we stayed in the US for three weeks between trips, will they just consider the two trips as one and combine the two times? Or will they divide it up by calender year? We have paid taxes, still have our US bank accounts, and we haven't established any 'permanent' ties here, as we haven't rented or bought any property, and we are living in student accomodation. My husband has a job here, but he's also been occassionally doing some remote work for his old boss from the States.

 

Is there any chance he will be allowed to resume residency in the US, or should we start looking at alternative options?

 

Thank you very much for your assistance!

[Mike E 11,739]

You husband has been gone more that 180 days which is bad, but been gone less than 365 days which is good.  
 

He should not waste another minute and he should get on plane, tonight, and come back to the USA. 
 

To CBP he has abandoned his status, as per https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case but the bar for CBP concluding that ratchets up after one year of absence. When he returns, if “invited” to file I-407, he should refuse and take his chances in immigration court. 
 

I think it is probable that CBP won’t say anything or if it does, his explanation for his absence will be satisfactory.  But there is nothing gained waiting to come back.  
 

He should have applied for an I-131 re-entry permit.