How long can you be out of the country as an LPR?

[Satellite 1]

INA§101(A)(13)(C )(ii):

"(C ) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien-

(ii) has been absent from the United States for a continuous period in excess of 180 days,"

http://www.uscis.gov/propub/ProPubVAP.jsp?...1513aaed01f8a72

The law clearly says that after 6 months you have abandoned your LPR status.

I-131:

"If you stay outside the United States for less than one year, you are not required to apply for a reentry permit. You may reenter the United States on your Permanent Resident Card (Form I-551)."

http://www.uscis.gov/files/form/I-131.pdf

The lawyers I have spoke to still recommend less than 6 months and getting I-131 even if staying less than a year.

What is the official VJ recommendation?

[Yodrak 7]

Satellite,

INA§101(A)(13)(C )(ii):

"(C ) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien-

(ii) has been absent from the United States for a continuous period in excess of 180 days,"

http://www.uscis.gov/propub/ProPubVAP.jsp?...1513aaed01f8a72

The law clearly says that after 6 months you have abandoned your LPR status.

No, the law does not clearly say that after 6 months you have abandoned your LPR status. At least the section that you referenced here doesn't say that.

I-131:

"If you stay outside the United States for less than one year, you are not required to apply for a reentry permit. You may reenter the United States on your Permanent Resident Card (Form I-551)."

http://www.uscis.gov/files/form/I-131.pdf

The lawyers I have spoke to still recommend less than 6 months and getting I-131 even if staying less than a year.

What is the official VJ recommendation?

After discussing the details of my specific situation with an immigration attorney I generally follow the attorney's advice. In this case you've talked about only one particular detail that is of importance - time out of the country. There are others, and it's possible for a person to abandon their LPR status on the way out of the country.

I don't know that VJ has an 'official recommendation'.

Yodrak

Edited November 20, 2006 by Yodrak

[Satellite 1]

INA§101(A)(13)(C )(ii):

"(C ) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien-

(ii) has been absent from the United States for a continuous period in excess of 180 days,"

No, the law does not clearly say that after 6 months you have abandoned your LPR status. At least the section that you referenced here doesn't say that.

I agree my words concerning the clarity of the law were a bit too strong. Perhaps an inference or an implication at best.

But isn't it strange that you can both keep your LPR status and be seeking admission at the same time after 180 day absence from the US according to this portion of the INA?

Because as I understand, an alien LPR by definition does not seek admission to the US when returning, but yet is still held out as an arriving alien at the POE. A sort of legal fiction created by IIRAIRA in 1996.

As I was told, this section doesn't seem to be followed often, but does after 360 days of absence.

In conclusion I was just trying to find a way to reconcile the INA with the I-131.