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How long a green card holder resides out side U.S.

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  • How long a green card holder resides out side U.S.

    Can anybody tell me how long a green card holder can remain out of U.S. without having to obtain RE-ENTERY PERMIT. Is it 180 days/364 days maximum. Will this period be counted at the time of applying for citizenship.

  • #2
    An LPR looses their green card by staying outside the US for a year or more. A reentry permit extends this to two years outside the US. There is no further extension, although the US Embassy may be able to issue a special returning resident visa in certain circumstances.

    For naturalization:
    An LPR has to be in the US for half of the required period of required residence. If you need 5 years of residence as an LPR to file for naturalization, you have to be in the US for 2 ½ of those 5 years. All trips outside the US add up during this period.

    You automatically break residence by staying outside the US for a year (and risk it with a trip of 6 months or more, but less than a year.) If you break residence for naturalization (even if you keep LPR status by having a reentry permit) you must wait 4 years and a day from your return to the US before you are eligible to file the N-400. But, like a reentry permit preserves the green card for an absence greater than a year, there is a means for certain individuals to preserve residence for naturalization. Refer to form N-470 for preserving residence for naturalization.


    • #3

      Under what circunstances can a LPR request a returning resident visa? What is the longest that you know an LPR has stayed outside the US and was able to get a returning resident visa?


      • #4
        An LPR can request a returning resident visa with evidence of continuing, unbroken ties to the US, that the stay outside the US was beyond their control, and that their intent was to always return to the US.

        Longest? A woman who had an accident while visiting relatives and was in a coma for several years. When she recovered, she was granted a returning resident visa.


        • #5
          25 years gone


          • #6
            As per law an LPR can remain out-side of US for one year without having to obtain re-entery permit.But on returning to US he has to apply for admission into US at POE.So on one hand law allows an LPR to be out of US for one year and on the other hand on returning to US he has to apply for admission this is according to me conflicting laws. My question is what is criteria for Immigration officer to admit that person into US.Is there any set regulation on the basis of which a person can be admitted or denied at POE Any info will be appreciated.


            • #7
              If you ahve a computer log on to the INS site and go to Laws. Check out the INA, Go to Section 101( Definitions) and look up Time of Abscence. My advice is if you intend to stay away continuously for more than 180 days, file a Form I-191 ( Permission To return to Unrelinquished Domicile) It cost only $250. To me thats money well spent. Good Luck


              • #8
                I have seen bunch of people coming here once in a year to get a stamp and go back out of usa and never got any problem .... I guess LPR can stay out of USA for one year without any problem ...good luck...Pasha


                • #9
                  Even with a re-entry permit, there is no guarantee you will be allowed to re-enter. It's at the discretion of the immigration officer.

                  You can try making an occasional trip back to the US, but you're at risk of a denial at any time, and will have the time outside the country count against the time it takes to naturalize, if you want to naturalize.


                  • #10
                    Dear Pash Patel & Aliba
                    Thanks for your response.
                    Yes Immigration officer at POE can deny admission to anybody if he has been involved in any illegal activities during his absence from US. I am interested in knowing legal position why the immigration officer should deny the entery just because the LPR is returning in one year of stay out side US which is permissible by law.
                    Mr. Aliba as per naturalization law an stay out of US for one year is counted towards the period of 5 years I am sure of it.
                    I would invite other members also to contribute towards this issue


                    • #11
                      As far as I am aware, the officer can determine that you have abandoned your U.S. residency (even with a reentry permit). It will be up to you to prove you haven't by showing such things as a U.S. residence, bank accounts, family here, etc. It doesn't take an act of terrorism. Permanent residency is intended to be just that, and if you start taking long periods of time out of the country, it suggests that you don't plan to live here after all.


                      • #12
                        An Indian friend of mine was resident here for over 12 years, then took a job overseas. He was told that despite his 12 years of legal residency, he would have to live in the U.S. for 2.5 more years before he would be able to apply for naturalization. I'm not sure if he wss out of the U.S. for more than a year at that point, but if he was, it wasn't continuously.


                        • #13
                          Hi Javed ...

                          The legal way is this ..... if u want to stay out of USA being a LPR ... u can stay for a year .... other criteria for this after 09/11 might have changed but law is law ... I have seen thousand of me...doing this .... yeah if u wanna have 2 years permit then go get a re entry permit but this is the fact and law ... u can be extra – preconscious but this is the fact.... u can stay for less than a year out of usa ...good luck...Pasha


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