6 Month Rule Extension

[dalox303 2]

Long story short, my wife (Green Card holder with conditions), went back to her home country to visit Family in October (2022). Her plan was to obviously come back with in the 6 month rule period.  However, she went to get a medical check up, and found out she has a condition, that potentially needs  surgery, we are still waiting for test results/doctors opinion.  If she gets the surgery, this will put her stay aboard passed 6 months (would be under a year).  I assume if she has proper medical documentation, it's a valid excuse to stay beyond the 6 month rule, but just in case wondering if anyone had experience with this and a few questions.  

 

Questions:

Is there a specific USCIS document that needs to be filled out if she stays beyond the 6 month rule, if the reason is medical?

 

Are there specific documents that are needed from the doctor to show validity?

 

Is there a USCIS page that I can be directed to with this info or a number I can call?

 

 

Thanks!

-Dan

 

(This is part one of my series of questions will post part 2 in a different topic as it relates to i751, not the 6- month rule)

  

[Crazy Cat 41,810]

A Green Card holder can stay outside the US for up to a year without a re-entry permit. 

[TBoneTX 45,258]

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

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CBP is in charge of reentry.  Yes, such a reason is valid, with proof.  Just bring documentation that would convince a stranger that the extended absence was justified.  Translate information into English, if necessary.

 

At the port of entry, after reentry is permitted, ask whether this is a long-term black mark that would affect future travel, and ask how long your wife should optimally remain in the U.S. before traveling again.  Ask what might hypothetically happen if (e.g.) there's a death in her family and she would have to travel before waiting for that optimal period.

[dalox303 2]

39 minutes ago, Crazy Cat said:

A Green Card holder can stay outside the US for up to a year without a re-entry permit. 

Thanks for the reply!

 

Okay, so what's the point of the 6-month rule? maybe I'm misunderstanding it.

[Crazy Cat 41,810]

23 minutes ago, dalox303 said:

Thanks for the reply!

 

Okay, so what's the point of the 6-month rule? maybe I'm misunderstanding it.

It deals with citizenship eligibility requirements.

Chapter 3 - Continuous Residence | USCIS

 

An absence of more than 6 months (more than 180 days) but less than 1 year (less than 365 days) during the period for which continuous residence is required (also called “the statutory period”) is presumed to break the continuity of such residence.^[12] This includes any absence that takes place during the statutory period before the applicant files the naturalization application and any absence between the filing of the application and the applicant’s admission to citizenship.^[13]

An applicant’s intent is not relevant in determining the location of his or her residence. The length of the period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted the continuity of his or her residence.

[OldUser 6,607]

1 hour ago, dalox303 said:

Thanks for the reply!

 

Okay, so what's the point of the 6-month rule? maybe I'm misunderstanding it.

To naturalize, not only you need to have certain amount of days in the US (physical presence), but also continuous residency.

 

If you're away for 6 months, this continuous residency resets, e.g. now you have to wait 3 years (based on marriage) or 5 years (regular) again from the date of return to the US to naturalize. 

Edited January 17, 2023 by OldUser

[Mike E 11,739]

6 hours ago, dalox303 said:

Thanks for the reply!

 

Okay, so what's the point of the 6-month rule? maybe I'm misunderstanding it.

  
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim
 

“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-

…

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

 

https://www.aila.org/File/Related/18110604b.pdf