Staying Longer than 6 Months in Foreign Country

[kreestina 0]

I'm permanent resident card holder and currently visiting foreign country. It has been 4 months and would like to extend stay for at least a year without losing green card. Can I stay longer -- say 2 years? If so, do I need to complete any forms?

What is the maximum length of time I can stay outside of US in foreign country without filing any forms?

Any feedback would be greatly appreciated. Thanks.

[kristimunn 0]

I'm permanent resident card holder and currently visiting foreign country. It has been 4 months and would like to extend stay for at least a year without losing green card. Can I stay longer -- say 2 years? If so, do I need to complete any forms?

What is the maximum length of time I can stay outside of US in foreign country without filing any forms?

Any feedback would be greatly appreciated. Thanks.

no you cant unfortunately...i am in the same position....you cannot stay longer than 6 months..you will loose your status

[kreestina 0]

I'm permanent resident card holder and currently visiting foreign country. It has been 4 months and would like to extend stay for at least a year without losing green card. Can I stay longer -- say 2 years? If so, do I need to complete any forms?

What is the maximum length of time I can stay outside of US in foreign country without filing any forms?

Any feedback would be greatly appreciated. Thanks.

no you cant unfortunately...i am in the same position....you cannot stay longer than 6 months..you will loose your status

Thanks for your feedback.

I was under the impression you can stay upto 1 year. Anyways, I guess it's not possible. Unless anyone else has something else to say.

[Kathryn41 3,205]

I believe you can, but you need to have made arrangements before you left the US and obtained a Returning Residents Permit or something like that - I might not have the exact name. I don't believe you are able to apply for it from outside of the country but it may be worth a call to the US Consulate to find out. It would allow you to remain out of the US up to 2 years as long as you retain a residential address in the US and they know about it. The absence will, however, affect your residency requirements for citizenship.

[kreestina 0]

I believe you can, but you need to have made arrangements before you left the US and obtained a Returning Residents Permit or something like that - I might not have the exact name. I don't believe you are able to apply for it from outside of the country but it may be worth a call to the US Consulate to find out. It would allow you to remain out of the US up to 2 years as long as you retain a residential address in the US and they know about it. The absence will, however, affect your residency requirements for citizenship.

Can I stay upto 1 year in foreign country without completing re-entry permit?

[esrous 0]

Hi,

This is just my two cents. Is your husband/wife with you on the foreign county?

One benefit that the US immigration services granted us with the conditional permanent card -- so that the recipient of that greencard can establish residency in the US. So, how can you provide residency documentation if you were not staying within the country? Unless, you travel with your husband/wife on a military assignment outside USA, that's an exception.

From the word itself: PERMANENT RESIDENT CARD. I hope that make sense.

Just my two cents.

Edited March 16, 2008 by esrous

[djmolina 0]

I am in a similar situation. I have been living in a foreign country since September 2006 because of my husband's job. He got this job just days after I received my new temporary green card. I had to apply for a Re-Entry Permit before I left the U.S. and it allows me to be out of the country for 2 years without jeopardizing my permanent residence status. You CAN be out of the country for no more than 1 year (11 months is better) but if it's more than 6 months it really is advisable to apply for a Re-Entry Permit. It's also important to maintain a permanent residence in the U.S. while you are abroad.

If I were you I would go back to the U.S. at the 6 month point, apply for the Re-Entry Permit since you must be in the U.S. to apply, and then go back to where ever it is you were. You don't have to wait for the permit to be processed. It can be mailed to an address in a foreign country.

Hope this helps!

[lucyrich 19]

There are two issues to consider. Abandonment of status and citizenship waiting time.

If you stay out of the US more than 6 months, you have broken your "continuous residence" time for citizenship. There's no way around this one. It means that, when you return to the US, you start the clock all over for citizenship. The soonest you could become a citizen would be three years after your return date, and that would only work if you remained married to and living with your US Citizen spouse the entire time. Whereas if your trips overseas had been short, you could potentially become a citizen as soon as three years after you initially got the Green Card.

Apart from that, there is the issue of abandonment of status. As soon as you make your permanent home outside the US, you've abandoned your green card (with exceptions for being stationed abroad due to military orders). But how they determine whether you've abandoned your green card depends in part on how long you've been away. All other things being equal, the longer you've been away, the more likely it is that they'll say you've abandoned the green card.

If you travel for less than six months, they'll normally presume you didn't abandon status, unless there's some evidence that comes to their attention which says that you did abandon status.

If you travel abroad for more than six months, they'll presume you DID abandon status unless you can show that you didn't. You'd show you didn't by showing things like your rent/mortgage on your US home, your tax returns which you filed while you were away, showing that you had been travelling to various places during the six months and not establishing a fixed domicile, etc.

If you travel abroad for more than a year, you must get a re-entry permit. You must be physically present inside the US when you file for the re-entry permit (you've got to file before you leave).

If you travel abroad for more than two years, you will need to get a returning resident visa.

Getting a re-entry permit and/or a returning resident visa doesn't relieve you of the burden of proving you've maintained your residence inside the US and not abandoned your LPR status.

From the USCIS "Now that you are a permanent resident" page:

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

If you intend a lot of back and forth travel, the safest thing to do is to spend most of your time in the US until you become a citizen. Apply for naturalization as soon as possible. Once you're a citizen, you can stay outside the US as long as you like without losing your citizenship.

[kreestina 0]

Thanks for all your feedback. :-)

[bamdame 0]

Is there a form number for the "re-entry permit"?

Also, my wife is going to be traveling back and forth across the border fairly regularly, does that count to rehack the clock?

Edited March 20, 2008 by bamdame

[nra19 0]

Is there a form number for the "re-entry permit"?

Also, my wife is going to be traveling back and forth across the border fairly regularly, does that count to rehack the clock?

To get the permit you fill out form I-131. You have to be in the US when you send it out.

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

http://www.uscis.gov/files/article/B5.pdf

[WillyKid 0]

Hello all ... I wanted to follow-up on this conversation because I'm reading some things that concern me.  My wife just received her 2-year, "conditional" Green Card in February.  My company has assigned me to a 10-month project in Czech Republic and my wife and I have temporarily relocated there for my work (my company has lawyers helping with both of our Visa's).  We still maintain a residence in USA and filed our 2007 returns.  With regards to abondoning permanent resident status, it states on USCIS.com that:

You may be found to have abandoned your permanent resident status if you:

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Some of you have stated that if you remain outside the USA for more than 6-months, you are at risk of abandoning your status? How true is this??? That seems to conflict with the above statement from USCIS.

Comments/thoughts ... Thanks!

[WillyKid 0]

Some updates on the topic ...

From Instructions for Form I-131, Application for Travel Document; OMB No. 1615-0013; Expires 02/28/09:

Who May File Form I-131?

1. Re-entry Permit

A. If you are in the United States as a permanent resident or conditional permanent resident, you may apply for a reentry permit.

If you stay outside the United States for less than one year, you are not required to apply for a Re-entry Permit. You may re-enter the United States on your Permanent Resident Card (Form I-551).

If you intend to apply in the future for naturalization, absences from the United States for one year or more will generally break the continuity of your required continuous residence in the United States. If you intend to remain outside the United States for one year or more, you should file a Form N-470, Application to Preserve Residence for Naturalization Purposes.

Edited May 17, 2008 by WillyKid

[usvajs 0]

I know it's an old topic, but I have exactly the same question. I've searched USCIS website and still couldn't find any statement to suggest that green card holder should return to US within 6 month. I understand that leaving the US longer than 6 month may effect the natrualization requirements, but for people who does not intend to become a citizen, does it still matter?

Some updates on the topic ...

From Instructions for Form I-131, Application for Travel Document; OMB No. 1615-0013; Expires 02/28/09:

Who May File Form I-131?

1. Re-entry Permit

A. If you are in the United States as a permanent resident or conditional permanent resident, you may apply for a reentry permit.

If you stay outside the United States for less than one year, you are not required to apply for a Re-entry Permit. You may re-enter the United States on your Permanent Resident Card (Form I-551).

If you intend to apply in the future for naturalization, absences from the United States for one year or more will generally break the continuity of your required continuous residence in the United States. If you intend to remain outside the United States for one year or more, you should file a Form N-470, Application to Preserve Residence for Naturalization Purposes.

Edited February 23, 2009 by usvajs

[46]

Your length of absence absolutely does matter. You are strictly allowed to visit a foreign nation for up to a year without permission, and up to two years with a reentry permit, per below:

A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

However, the question of intent arises. US Permanent Residency is not a "Get Into America at your Convenience" card. It is ONLY for those who intend to live in America full-time.

You can be viewed as having abandoned your status if you move/return to foreign country where you obviously live (have a home, job, bank accounts, etc.).

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

On a personal note, I knew a couple who were US permanent residents but moved to Canada to work for a year. They returned frequently to the US as they had children there, usually without problem. However, one visit they presented their green cards, and had them cut-up in front of them. They were then given visa waivers and allowed in. That was the end of their US status. Sadly, they had been in the US long enough that they could have been citizens had they filed.