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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    Losing permanent residence status
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Junior Member
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I know someone whose became a permanent resident in 1967. He was 17. He left to another country in 1976. He came back in 1987 on a visitors visa. He still has his green card, but did he lose his residency status? If not, can he adjust to citizenship status? What are the rules on the length of time you can be out of the US before your permanent resident status is lost? Please help. Confused Confused
 
Posts: 2 | Location: Margate, FL, USA | Registered: 10-03-2003Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
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I think you just answered your question when you said he came back on a vistors visa. If he still had legal permanent residency he wouldn't need a vistors visa. I don't know what the rules were back in the 60s and 70s but these days if you intend on being out of the country for a significant amount of time such as a year or two then you have to get some sort of re-entry permit.In the case of your friend he will be without doubt considered to of abandoned his residency and he has no chance of getting citizenship. He will have to start all over again to obtain his green card depending on his current status. My opinion is only opinion but there are people on this website who can give you a more definitive answer and perhaps ways around your friends situation.........but you need to give more detail as to his current situation...........sounds like he is still in the USA from his vistors visa????
 
Posts: 639 | Location: vt | Registered: 08-28-2003Reply With QuoteEdit or Delete MessageReport This Post
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You cant leave for 9 year and come back green card holder. 6-12 monts enough to loose lpr status. he came with visitor visa when? he is in computer and it will pop ups when he applies for citzenship
 
Posts: 151 | Registered: 12-18-2003Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
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Pandora, I had trouble understanding what you said. You stated that if you leave the country for more than 12 months you would automatically lose LPR right? But he can't apply for citizenship now until he goes thru the whole green card process again.
 
Posts: 639 | Location: vt | Registered: 08-28-2003Reply With QuoteEdit or Delete MessageReport This Post
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A GC holder cannot leave the country for more than 180 days without getting a re-entry permit. Re-entry permit is for people who are leaving the country for very important reasons, like working for an american company abroad, taking care of some deceased relative's estate, sick dying relative, to finish their own affairs before they settle down for good in the U.S. But the re-entry permit is for people who are leaving the country for a short period of time, which exceeds 180 days, for example, for a year to two years, but definitely not for 10 years. Your friend clearly abandoned his permanent residency status, and now he has to get GC again and stay present in the U.S. for 2.5 years out of 5 before applying for citizenship. And his absenses are clearly limited to a very short time periods.
 
Posts: 264 | Registered: 12-18-2003Reply With QuoteEdit or Delete MessageReport This Post
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a GC holder who remains outside the US for more than 6 months but less than 1 yr is subject to being admitted versus just allowed in....which means the GC holder could be questioned about public charge issues or certain other crimes...a GC holder outside the US for more than a year does NOT automatically lose this status, but they usually have to demonstrate to the BCIS or a consulate overseas that they did NOT abandon their residency in the US (for example, by maintaining property or bank accounts) - it is the responsibility of the GC holder to prove this in order to be readmitted...it is wise if GC holders seek a reentry permit if there is any chance they could be outside the US for more than a year.
 
Posts: 3860 | Registered: 09-10-2003Reply With QuoteEdit or Delete MessageReport This Post
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