Travel outside the US - 1year or 180days?

[Yangsk 0]

Hello! I would really appreciate if anyone could help me out here!🙏💦

 

<My situation>

I have an Advance parole(expires in 2025) and am still waiting for my green card.

I traveled outside the US for a consecutive 95days this year. I had no issue of reentering the US with my AP.

In October I want to travel again for 140days consecutively till February, 2024.

But I am expecting and hoping that my GC will arrive before October, because USCIS is currently reviewing my RFE response that "will help them make final decision on my case" according to the RFE letter.

The letter sounds like I might be lucky to get my GC without an interview before October.

 

❓<My questions>❓

1) I heard two different rules so far that you  shouldn't travel outside the US for more than 180days, or 1 year in a year.

But both the USCIS and US customs&border protection webpages say that a green card holder can travel upto a year in one trip without reentry permission.

https://www.uscis.gov/green-card/after-we-grant-your-green-card/international-travel-as-a-permanent-resident

 

https://help.cbp.gov/s/article/Article-820?language=en_US

 

Where did the "6 months rule" come from? and which is true, 1year or 6months?

Is it the same rule for AP holders also?

 

2) My friend(green card holder) told me that the US customs and border officer told her "you cannot travel outside the US for more than 180days with GC. The 180days is counted from the first day of your departure from the US."

Has anyone heard or experienced the similar situation as my friend? I cannot find such information neither on USCIS or US customs&border protection webpages.

She traveled for 181days and was finally allowed to reenter the US after a few hours of questions by the officer.

 

3) If I receive GC before October, is my past travel days outside the US with my AP going to be renewed? (meaning that my travel days will be counted from zero again because I will use my GC in the next trip)

 

Thank you so much for reading this and I would really appreciate your help!

Best,

[Verrou 1,962]

1. That’s when u got ur GC, the rule of thumb for I-131 is for “emergency” travel. 

2. Not renewed automatically. The moment u got approved u want to go back to US immediately 

 

there’s no such thing as I-131 automatically approved 

As LPR u need to be in US at least 183 days/year. If u wanna be citizen, u have to adere that rule. If u don’t want to be citizen, then u can stay longer outside US but no more than 1 year

Edited May 4, 2023 by Misscloud

[Boiler 45,788]

So you are adjusting form a K1 and do not have your GC yet.

 

The  6 month, 1 year thing applies to GC holders and you are not. My impression is that there was never any expectation adjustment would take so long so there is nothing I have come across that applies for AP.

[Boiler 45,788]

Ohh the VJ record for a GC holder being absent and reentering is 9 years, assuming you wish to naturalise keep it under 6 months.

[Yangsk 0]

29 minutes ago, Boiler said:

So you are adjusting form a K1 and do not have your GC yet.

 

The  6 month, 1 year thing applies to GC holders and you are not. My impression is that there was never any expectation adjustment would take so long so there is nothing I have come across that applies for AP.

Thanks for your reply!

I dont have the GC yet but I am expecting that it will arrive before my next trip, so I want to know the 1year or 6month rule in advance.

I have no interest in being a citizen.

[Yangsk 0]

35 minutes ago, Misscloud said:

1. That’s when u got ur GC, the rule of thumb for I-131 is for “emergency” travel. 

2. Not renewed automatically. The moment u got approved u want to go back to US immediately 

 

there’s no such thing as I-131 automatically approved 

As LPR u need to be in US at least 183 days/year. If u wanna be citizen, u have to adere that rule. If u don’t want to be citizen, then u can stay longer outside US but no more than 1 year

Thanks for your reply!

FYI I am not interested in being a citizen.

So I am a bit confused now, because if it is okay to travel more than 180days and less than a year as a LPR, why is there such a rule that a LPR needs to stay in US at least 183days/year? That is not possible right?

[SteveInBostonI130 3,471]

28 minutes ago, Yangsk said:

Thanks for your reply!

FYI I am not interested in being a citizen.

So I am a bit confused now, because if it is okay to travel more than 180days and less than a year as a LPR, why is there such a rule that a LPR needs to stay in US at least 183days/year? That is not possible right?

 

Travel more than 6 months:  CBP may question you about it and why you stayed abroad for so long.

 

Travel more than 1 year: CBP will almost definitely ask you why you stayed away so long.

 

Multiple 6+ months or 1+ year trips abroad:  CBP may question your residency status in the US and suspect you are actually living abroad.

[Boiler 45,788]

I know someone who has out 5 months and grilled coming back scared him so much he naturalized 

[powerpuff 6,744]

~~ Topic moved to Working & Traveling during US immigration ~~
 

45 minutes ago, Yangsk said:

So I am a bit confused now, because if it is okay to travel more than 180days and less than a year as a LPR, why is there such a rule that a LPR needs to stay in US at least 183days/year? That is not possible right?

To avoid any problems or questions from CBP, LPRs should not be out more than 180 days. Over 180 days but less than 1 year puts them at elevated risk of CBP questioning but probably will be okay going through. Why is there such rule? Because GC is for permanent residency in the US and being absent more than 180 days contradicts the permanent residency aspect.

[Mike E 11,741]

12 hours ago, Yangsk said:

Thanks for your reply!

FYI I am not interested in being a citizen.

So I am a bit confused now, because if it is okay to travel more than 180days and less than a year as a LPR, why is there such a rule that a LPR needs to stay in US at least 183days/year? That is not possible right?

Green cards are for living in the U.S. 

 

You are expected to spend more days in the U.S. than outside.

 

So spend

 

* X days in the U.S., leave for no more than X-1 days. X <= 181. 

 

* Y days outside the U.S., return to the U.S. for Y+1 days. Y <= 180

 

 

 

[Yangsk 0]

22 hours ago, powerpuff said:

~~ Topic moved to Working & Traveling during US immigration ~~
 

To avoid any problems or questions from CBP, LPRs should not be out more than 180 days. Over 180 days but less than 1 year puts them at elevated risk of CBP questioning but probably will be okay going through. Why is there such rule? Because GC is for permanent residency in the US and being absent more than 180 days contradicts the permanent residency aspect.

Looking at everybody's reply in here, I guess the 1year rule on USCIS website is not really true.lol

I understood now that the more accurate rule is 180days that elevates the risk to be questioned at the airport. 

Thank you so much!

 

[Yangsk 0]

23 hours ago, Boiler said:

I know someone who has out 5 months and grilled coming back scared him so much he naturalized 

ohh...do you mind if I ask which airport your friend was at?

[Boiler 45,788]

DIA

[Yangsk 0]

48 minutes ago, Boiler said:

DIA

thank you!

[SteveInBostonI130 3,471]

17 hours ago, Yangsk said:

Looking at everybody's reply in here, I guess the 1year rule on USCIS website is not really true.lol

I understood now that the more accurate rule is 180days that elevates the risk to be questioned at the airport. 

Thank you so much!

 

 

For CBP, there is no hard and fast rule.

 

If you want to naturalize, the extended travel is factored for qualification per the rules for 5 yr and 3yr naturalization.