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Urgent pls. How long

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  • Urgent pls. How long

    I am DV winner 2005 and have been to States already to process my documents and I'm now awaiting my Green card in my native Country where I have to round up some issues before going back to the US. All this could take about a year and a half.Can anyone please tell me how long a greencard holder is suppose to stay out of the US in accordance with the US immgration laws. Thanks

  • #2
    I am DV winner 2005 and have been to States already to process my documents and I'm now awaiting my Green card in my native Country where I have to round up some issues before going back to the US. All this could take about a year and a half.Can anyone please tell me how long a greencard holder is suppose to stay out of the US in accordance with the US immgration laws. Thanks

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    • #3
      A year and a half is definitely too long. I've heard no more than 6 months at a stretch is best, and that it's preferable to get advanced parole for longer stays abroad, although even that doesn't guarantee that immigration won't decide you've abandoned your GC. Also, you need to be able to show your intention to remain permanently in the U.S., which is often done by having property, bank accounts, etc., here, as well as regular trips back.

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      • #4
        From the USCIS.gov site:

        Can I Travel Outside the United States....
        ...While I Am Waiting for My Application Under the Registry Provision to be Processed?

        If an alien obtains Advance Parole from the USCIS following approval of a Form I-131, he or she may travel outside of the United States and return without jeopardizing their registry application. However, any alien who has accrued more than 180 days of unlawful presence in the United States and then travels outside the United States is inadmissible for a period of 3 to 10 years. Registry applicants have, by definition, accrued long periods of time in unlawful status. If you are applying for permanent residence using the section 249 registry provisions, you should not travel outside of the United States without first obtaining advance parole from the Service, or you will be unable to return to the United States.

        ...If I Have Already Registered for Lawful Permanent Resident Status?

        Yes. Any alien who has been granted lawful permanent resident status under "registry" may travel overseas and be readmitted as a returning permanent resident without having to apply for admission for travels that are six months or shorter. All lawful permanent residents who travel outside of the U.S. for periods longer than six months must reapply for admission at the Port-of-Entry.

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