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how long can a permanent resident stay out the US

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  • Guest's Avatar
    Guest replied
    Is there any lawyer here or not?

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  • Guest's Avatar
    Guest replied
    Right, someone.

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  • Guest's Avatar
    Guest replied
    If a GC holder remains outside of the US for 6 months, but less than a year, he or she will, upon their return to the US, be asking for readmission and will be subject to a variety of ineligibilities that they would not have been subject to if they had returned in less than 6 months (for example, public charge issues).
    If a GC holder remains outside of the US for more than a year, he or she will normally have to apply for a "returning resident" status and will have to demonstrate to the local embassy officials that the lengthy absence from the US was for reasons "beyond their control.."
    It is generally easy to ask INS for a "re entry permit" allowing the LPR to remain outside the US for up to 2 years.
    There are some exceptions to the qualifications for the returning resident status request, but by and large the GC holder can risk their LPR status by remaining outside the US without INS permission for more than a year. Better to get the re entry permit first.

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  • Guest's Avatar
    Guest replied
    ...After 1 year outside U.S. you'll lose the green one...

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  • Guest's Avatar
    Guest replied
    "law&order" is right, "mmorales" is wrong. After 6 months you may have problems gettin' in, although it does not necessarily mean you won't be allowed to get in. After 1 year outside U.S. you'll use the green one. If you need to stay outside U"S for more than 1 year apply for a Reentry Permit before you leave.

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  • Guest's Avatar
    Guest replied
    If you get a reentry permit, you can stay outside of the US for longer than 6 months without a problem. (I think the maximum is either 1 or 2 years.)

    As far as citizenship goes, any time outside of the US is counted, but it won't necessarily matter. In the five (or three, depending on your grounds for qualifying for naturalization) years before you apply, you need to maintain a primary residence in the US and also be physically present for at least 50% of the time.

    Any time outside of the US counts for the physical presence requirement. (except in certain circumstances like if you were in the Army and got sent overseas) Trips longer than 6 months CAN count against the maintaining residence, unless you can prove that you always intended to keep the US as your primary residence. (re-entry permit, good reason for being gone so long, proof that you still kept your home in the US, filed taxes as a resident, etc.)

    Any trip outside the US for longer than 365 straight days will automatically delay your naturalization.

    You can find all of this information on the BCIS website.

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  • Guest's Avatar
    Guest replied
    Just make sure that you don't stay more than 6 months and if you can do it, don't travel at all for now.Why complicate the situation?
    It's up to you.
    Good luck!

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  • Guest's Avatar
    Guest replied
    As I stated earlier, max. 6 months.
    Better if you Have patience and travel when you're safe, not now.

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  • Guest's Avatar
    Guest replied
    After four months, you are presumed to have abandoned your status. You can either try to dispute this at the Port of Entry or file for a reentry permit before you leave.

    info@myronmorales.com

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  • Guest's Avatar
    Guest replied
    Max 6 months.
    If you stay more than that, it will count against your time waiting for citizenship.

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  • Guest's Avatar
    Guest replied
    happy day to everyone, just two short questions. first how long can a permanent resident stay out of the country. second how long after filing for citizenship you get interviewed.I will be filing next month and will be out the country in August. your input will be greatly welcome.

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  • Guest's Avatar
    Guest started a topic how long can a permanent resident stay out the US

    how long can a permanent resident stay out the US

    happy day to everyone, just two short questions. first how long can a permanent resident stay out of the country. second how long after filing for citizenship you get interviewed.I will be filing next month and will be out the country in August. your input will be greatly welcome.
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