How long can LPR stay outside of USA? Mixed information

[tmrtng 6]

Hello VJ Fam,

 

My parents are coming to the US to get their Green Cards. Our plan is the following: they come here and wait for their GCs and social. Then they need to go back home to take care of their affairs, mostly to take care of some family and financial things. This can take more than 6 months, we estimated about 8 months. And after finishing with their business they are moving here permanently. 

Here are my questions:

1. Can they leave the country two months after receiving the GCs? 

2. How long do they have to stay in the USA before being able to travel overseas?

3. I read on the USCIS website. LPR can stay outside of the USA, from 6 months up to 12 months. But then I read online, that them staying outside of the country for more than 6 months be an issue during re-entry or renewal of the GC. This long absence can be interpreted as abandonment of the residency. I am confused. In what cases can they stay 6 months and 12 months?

 

Please kindly advise.

Thank you in advance.

 

Tatyana.

 

[OldUser 6,662]

1. Yes, they can leave after two months.

2. As soon as they receive GC, but it would help to stay in the US for few months before travelling.

3. Staying out of the US for over 6 months breaks continuous residency for the purposes of naturalization. If they only stayed for few weeks in the US and then left for 7 months, this can raise questions. Staying for over 6 months is undesired. Staying for over 12 months is not recommended. There's greater chance CBP will put them in secondary check after 6+ months trip. There's a chance to get NTA if they spend over 12 months overseas. 

 

The best plan is to spend as little time overseas as possible. E.g. it's acceptable to have few trips of 6-8 weeks here and there. But if LPR spends more time outside the US than inside, this leads to issue.

 

Before they leave for longer trip, make sure they establish ties to the US - open bank accounts, enroll in library, get state IDs or Driver Licenses, rent a place, get registered with a doctor. All of this will help proving they're planning to reside in the US. After that they can go for a longer trip to wrap things at home. If they come to the US 8 months later, they should not travel again for a while.

Edited June 9 by OldUser

[tmrtng 6]

@OldUser Thank you!

They will try to get everything done within  6 months.

I am trying to avoid any headaches in the future.

[OldUser 6,662]

Just now, tmrtng said:

@OldUser Thank you!

They will try to get everything done within  6 months.

I am trying to avoid any headaches in the future.

Good luck!