Overseases with greencard

[bnayak 1]

Hello everyone, 

I hope everyone is doing great. My parents are green card holders, and they want to go back to their home country(Nepal). I am wondering how long they can stay without being questioned at the airport. 

 

Thanks

[Crazy Cat 41,985]

Anyone can be questioned after any stay outside the US.  Legally, a Green Card holder can stay outside the US for up to a year, although stays of 6 months can create issues.  

Can a U.S. lawful permanent resident leave the United States multiple times and return?

Edited November 14 by Crazy Cat

[mam521 2,113]

They want to go back for an extended visit or they want to move back?  

 

Do they want to eventually come back to the US?  If so, how close are they to obtaining citizenship?  

[bnayak 1]

I couldn't find any statement on staying more than 6 months. It says we need to get a reentry permit if we stay more than a year. How about staying overseas for more than six months and less than a year, will that be a problem?

[Dashinka 24,649]

4 minutes ago, bnayak said:

I couldn't find any statement on staying more than 6 months. It says we need to get a reentry permit if we stay more than a year. How about staying overseas for more than six months and less than a year, will that be a problem?

In general that is not an issue unless someone is in the process of naturalizing, but many people still apply for a re-entry permit with this planned timeframe as plans often change, so 6 months can easily be extended past 12 months.  As you can see from the USCIS website below, nothing is cut and dried.

 

Good Luck!

 

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

 

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

[Crazy Cat 41,985]

10 minutes ago, bnayak said:

I couldn't find any statement on staying more than 6 months. It says we need to get a reentry permit if we stay more than a year. How about staying overseas for more than six months and less than a year, will that be a problem?

For one thing, it is assumed break continuous residence:  Chapter 3 - Continuous Residence | USCIS

Edited November 14 by Crazy Cat

[mam521 2,113]

1 hour ago, bnayak said:

I couldn't find any statement on staying more than 6 months. It says we need to get a reentry permit if we stay more than a year. How about staying overseas for more than six months and less than a year, will that be a problem?

This is why I asked if they are close to citizenship and even want US citizenship.  I don't believe Nepalese people are eligible for dual citizenship, so it's a tough consideration.