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FrenchieNewYorker

How long can a lawful permanent resident with a green card stay outside of the country without losing their LPR status?

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Hello everyone,
 

Looking for some insight here... Originally from France, I have a green card valid through 2027, and I have had to spend bigger chunks of time in France for family reasons over the past year. This will continue in 2024. 

 

I have always been warned that in order to maintain my lawful permanent resident status, it was imperative that I spend at least 6 months in the US every year. Is this still the case today? A friend told me that as a LPR with a green card, you are now allowed to spend up to a year outside of the country without losing your status. The information seems to be confirmed by this article published in July 2023: https://help.cbp.gov/s/article/Article-820?language=en_US

Am I understanding this correctly? I will potentially be out of the country for 6 months depending on what happens back home, but per the above article, my status should be ok, meaning I don't need to apply for a re-entry permit (I-131). 

Would love some insight if anyone knows. 

Thank you very much for your help and guidance. :)

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Time spent outside of the USA is only one factor.  

Please refer to this page to see how you can be deemed to have abandoned your permanent residence, and how to maintain it. 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence 

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Filed: K-1 Visa Country: Wales
Timeline

If you are going for a long time then a re entry permit would be good insurance.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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If you spend over 6 months outside of the US on any given trip, you break continuous residence. This means, you can only naturalize 5 years after returning from a long trip (or 3 years based on marriage to a US citizen).

 

If you spend over a year outside of the US, then you risk losing LPR status altogether.

 

I-131 sounds like a good idea unless you're returning shortly for good, which you aren't based on what you described.

 

 

 

 

Edited by OldUser
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Filed: K-1 Visa Country: Wales
Timeline

Does not sound like an issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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23 hours ago, FrenchieNewYorker said:

I will potentially be out of the country for 6 months depending on what happens back home

You should be fine but do get the re-entry permit just in case. Also, do not refer to any country that is not the US as "home" - unless that's actually the case, of course. Maintaining the LPR status means that your home is in the US, and only in the US. 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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