How Long Can You Stay OUTSIDE the U.S. with a Green Card

[itsmahmed 0]

My mother received her Green Card in March 2022 and then travelled back to Pakistan in May 2022. Since then, she is in Pakistan. I wonder how long she can further stay in Pakistan. is it 12 months?

[Chancy 6,241]

40 minutes ago, itsmahmed said:

I wonder how long she can further stay in Pakistan. is it 12 months?

 

If your mother is a Pakistani citizen, she can stay in Pakistan for as long as she wants.  But if she returns to the US after more than 6 months away, the CBP officer may question why she was away for that long.  If away for more than 12 months, CBP may suspect that she abandoned her US residency.  Up to your mother to decide on her level of tolerance for CBP questioning and the risk that CBP may try to get her to surrender her GC or refer her to an immigration judge to revoke her LPR status.  No one here can predict with certainty how the CBP officer will react to your mother's length of stay outside the US.

 

[OldUser 6,614]

Seems like she already broke her continuous residency in the US by spending over 6 months in Pakistan. Her clock is reset to 0 (physical presence in the US), which is only relevant if she ever wants to naturalize in the US.

 

If she spends 12 months or more in Pakistan without returning to the US, she will put her LPR status at risk, as @Chancy mentioned above.

 

[Boiler 45,451]

Why has she been gone so long?

[Mike E 11,739]

1 hour ago, itsmahmed said:

My mother received her Green Card in March 2022 and then travelled back to Pakistan in May 2022. Since then, she is in Pakistan. I wonder how long she can further stay in Pakistan. is it 12 months?

It’s time for her to come home. 180 days is the most time she should abroad. 

[itsmahmed 0]

Thank you everyone for the reply but  what about this . It says she can be out upto 12 months. https://help.cbp.gov/s/article/Article-820?language=en_US

[Mike E 11,739]

3 hours ago, itsmahmed said:

Thank you everyone for the reply but  what about this . It says she can be out upto 12 months. https://help.cbp.gov/s/article/Article-820?language=en_US

https://help.cbp.gov/s/article/Article-1191?language=en_US 
 

“LPRs who are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101.”

 

The latter link says:

 

”

C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien-

(i) has abandoned or relinquished that status,

(ii) has been absent from the United States for a continuous period in excess of 180 days,”

 

It is time to come home.  The longer the absence the more elevated the odds of a finding of abandoning LPR status and the more probable  the scrutiny and unpleasantness. 
 

While absences  of 181 days, one calendar year, and 2 calendar years each carry stepped up risks, in fact you can be gone one day and still be found to have abandoned status. As the days of absence approach infinity the probability of being found to have abandoned LPR status approach 100 percent. 

 

Edited November 21, 2022 by Mike E

[itsmahmed 0]

On 11/22/2022 at 3:10 AM, Mike E said:

https://help.cbp.gov/s/article/Article-1191?language=en_US 
 

“LPRs who are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101.”

 

The latter link says:

 

”

C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien-

 

(i) has abandoned or relinquished that status,

 

(ii) has been absent from the United States for a continuous period in excess of 180 days,”

 

It is time to come home.  The longer the absence the more elevated the odds of a finding of abandoning LPR status and the more probable  the scrutiny and unpleasantness. 
 

While absences  of 181 days, one calendar year, and 2 calendar years each carry stepped up risks, in fact you can be gone one day and still be found to have abandoned status. As the days of absence approach infinity the probability of being found to have abandoned LPR status approach 100 percent. 

 

Thank you for detailed reply i got directly information from USCIS and they confirmed that the person can live for no more than 364 days. But he/she need to give the reason on arrival which could be anything like medical condition etc.

[Mike E 11,739]

USCIS does not manage the port of entry.  

[Boiler 45,451]

1 minute ago, Mike E said:

USCIS does not manage the port of entry.  

I do not think it really matter what any of us says.

[Mike E 11,739]

3 minutes ago, Boiler said:

I do not think it really matter what any of us says.

So it appears.  
 

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