Abroad for over 6 months?

[jagsfl 14]

I'm really confused about how long a green card holder is able to stay abroad for. I read that you can stay for up for a year, but then I also read that you can't be out of the U.S. for more than 6 months in the year.

 

My wife has been out of the U.S. since March 15th. (She spent all of last winter through March 15 in the U.S.)

 

So if its 6 months, she'd have to be back before Sept 15th. We are currently overseas with plans to come back to the states in August.

 

However, she would like to go to Europe to be with her sister for a couple of months.... her sister and her would fly from Indonesia to Europe on Sept 2.

 

Now if she's able to be away for up to a year this won't be an issue for her to go.

 

Can someone help clear this up for me? Thank you.

Edited June 27 by jagsfl
Edit

[jagsfl 14]

Further context:

 

She just needs to hold GC for 3 years before she can become citizen.

 

She reached the 3 year mark in March of this year (a little after we left the U.S. ironically lol)

 

She spent all of the first year in the U.S.

 

The next two years she spent between 6 to 8 months each year in the U.S.

 

So she has definitely been in the states physically as a resident more than what is required (18 months) for her to be accepted in the 3 year span. 

 

Now I am just wondering if she can be gone this year abroad for more than 6 months.

Edited June 27 by jagsfl

[milimelo 4,475]

Not unless she wants to jeopardize getting naturalized at 3 year mark. Absences longer than 6 months could make it so she doesn't have enough time and potentially work against her when it comes to residency. 

 

My suggestion - naturalize, then go wherever and for as long as you want. Before that, limit time out of the country. 

[jagsfl 14]

Thank you... 

 

So even though she had been in the U.S. for over 26 months in the 3 year span, there could still be an issue.... that is a bummer.

[OldUser 6,590]

12 minutes ago, milimelo said:

Not unless she wants to jeopardize getting naturalized at 3 year mark. Absences longer than 6 months could make it so she doesn't have enough time and potentially work against her when it comes to residency. 

 

My suggestion - naturalize, then go wherever and for as long as you want. Before that, limit time out of the country. 

More importantly, absenses over 6 months most likely break continuous residence. Continuous residence is required for naturalization. If LPR has a trip over 6 months, the safest thing is to start counting time for naturalization from the date they returned after long trip.

[appleblossom 2,426]

Just now, jagsfl said:

Thank you... 

 

So even though she had been in the U.S. for over 26 months in the 3 year span, there could still be an issue.... that is a bummer.

 

As well as the physical presence requirement (18 months in 3 years) there's also a continuous residence requirement. https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

[jagsfl 14]

Thank you for the answers. I guess no Europe trip for her 😕 🤷 😂

 

I still wonder why on the USCIS website it says you are able to be gone for up to 1 year. But then it also talks about the 180 days thing too. I think that has to confuse quite a bit of people?

[OldUser 6,590]

8 minutes ago, jagsfl said:

Thank you for the answers. I guess no Europe trip for her 😕 🤷 😂

 

I still wonder why on the USCIS website it says you are able to be gone for up to 1 year. But then it also talks about the 180 days thing too. I think that has to confuse quite a bit of people?

Continuous residence is broken after 6 months, deferring eligibility for naturalization.

Potential loss of LPR status after 1 year.

 

Solution 1: Meet all requirements, naturalize and have full freedom

Solution 2: Get Re-entry permit. Allows staying outside of the US for up to 2 years without losing LPR status (but clock for naturalization will reset).

Edited June 27 by OldUser

[jagsfl 14]

36 minutes ago, OldUser said:

Continuous residence is broken after 6 months, deferring eligibility for naturalization.

Potential loss of LPR status after 1 year.

 

Solution 1: Meet all requirements, naturalize and have full freedom

Solution 2: Get Re-entry permit. Allows staying outside of the US for up to 2 years without losing LPR status (but clock for naturalization will reset).

 

Ahh I see... Okay 👍 

 

Thanks for the info! Time for her to get citizenship!

[Scandi 4,166]

Two very different things.

1. To not loose her LPR status: She can stay outside of the US for up to 1 year without a re-entry permit, she will not loose her greencard if she still has ties to the US (valid drivers license/ID, name on lease/deed, insurances etc).

2. To naturalize: If she plans on filing for citizenship in a near future, then trips of 6 months or longer in a row in the last 3/5 years are considered "breaking the continuous residency", so preferably she shouldn't stay outside for 6 months or longer. BUT, if she doesn't plan on naturalize (anytime soon) then this rule doesn't affect her at all if she decides to stay outside of the US for up to 1 year.

Also, it IS possible to naturalize even if you have been outside of the US for more than 6 months in a row - but it is your burden to prove to USCIS that you didn't break your continuous residency by showing evidence that you kept your ties to the US.