HOW OFTEN can a GC holder leave the U.S.?

[CitizenJ 5]

ALL visits outside the US MUST be recorded and accounted for on the N-400. If you are outside the US for more than 6 months, but less than 12 months then your naturalisation clock is paused. If you are outside the US for more than 12 months (you'd need a re-entry permit) your naturalisation clock is completely reset back to zero. It's also important to remember that ANY visit outside the US over 6 months CAN be used by CBP to determine whether you have abandoned LPR status. Any length under this cannot be used against you.

I understand that a greencard holder can leave the US for 6 months at a time but how often can they leave for 6 months at a time? That's one question that I seem to have trouble finding the answer to. Pretty much every source I look at says how long a GC holder can leave the US for but I can't find anwhere that specifies how often. I assume it's 6 months out of every year. If that were the case though why couldn't a GC holder be able to leave the US for a year because, theoretically, leaving for a year could still meet the requirements of staying in the US for 6 months out of every year (In US: January 1st - June 31st, leave July 1st - June 31st of the next year, back in US: July 1st - December 31st). I know this obviously isn't the case ("if you are outside the US for more than 6 months, but less than 12 months then your naturalisation clock is paused") but I don't understand why it's not allowed as the GC holder would still be spending 6 months out of every year in the US. If there are any loopholes or anything please let me know. My wife and I are at a stage in our life where we want to travel around as much as possible so we want to spend as least time buckled down as possible (and the reason we want to get the GC now is because we don't want to have to deal with it further down the road).

[jhm3 15]

There is no rule that says a permanent resident can't make frequent, consecutive trips abroad of up to six months in duration (indeed, absences of up to 12 months are allowed without a re-entry permit, though absences of 6-12 months are likely to attract some scrutiny from CBP); the requirement -- which applies to any absence, for any length of time -- is that the United States remains the LPR's primary place of residence ... which can be difficult to show if he/she is only ever there for a few days or weeks at a time between trips. An immigration officer who notices a pattern of repeated extended absences, with only short stays in the US in between, might insist on evidence (do you maintain a residence? have you filed US tax returns? do you have US bank accounts? etc.) that the LPR has not abandoned his/her status.

Since you mention an interest in traveling as much as possible, it would probably work in your favor if what you are doing is returning to the United States after a series of trips that have taken you to lots of different places rather than repeatedly spending up to six months in a single country overseas (say, China), as in the latter case it looks like you are really "residing" there rather than in the US.

[NigeriaorBust 4,087]

Also longer periods out affect your path to becoming a USC, Over a year resets the clock basically ( you get credit for the year if you have a reentry permit.)

[CitizenJ 5]

There is no rule that says a permanent resident can't make frequent, consecutive trips abroad of up to six months in duration (indeed, absences of up to 12 months are allowed without a re-entry permit, though absences of 6-12 months are likely to attract some scrutiny from CBP); the requirement -- which applies to any absence, for any length of time -- is that the United States remains the LPR's primary place of residence ... which can be difficult to show if he/she is only ever there for a few days or weeks at a time between trips. An immigration officer who notices a pattern of repeated extended absences, with only short stays in the US in between, might insist on evidence (do you maintain a residence? have you filed US tax returns? do you have US bank accounts? etc.) that the LPR has not abandoned his/her status.

Since you mention an interest in traveling as much as possible, it would probably work in your favor if what you are doing is returning to the United States after a series of trips that have taken you to lots of different places rather than repeatedly spending up to six months in a single country overseas (say, China), as in the latter case it looks like you are really "residing" there rather than in the US.

So, just to clarify, if a green card holder (my wife) leaves the US for 6 months, returns for only 4 months, and then leaves the US again, she won't have her GC revoked...considering that she can prove that she still maintains permanent residence in the US?

Also longer periods out affect your path to becoming a USC, Over a year resets the clock basically ( you get credit for the year if you have a reentry permit.)

Wait. So you're saying that someone with a GC CAN leave the US for over a year WITHOUT the clock being reset if they obtain a special permit?

Edited March 24, 2014 by CitizenJ

[jhm3 15]

So, just to clarify, if a green card holder (my wife) leaves the US for 6 months, returns for only 4 months, and then leaves the US again, she won't have her GC revoked...considering that she can prove that she still maintains permanent residence in the US?

Wait. So you're saying that someone with a GC CAN leave the US for over a year WITHOUT the clock being reset if they obtain a special permit?

Indeed, if an LPR has not been outside the United States for over a year (and even better, if he/she has not been away for more than six months, which is the threshold beyond which these cases attract greater scrutiny), and can demonstrate that he/she has not abandoned his/her status, then the GC would not be revoked in the situation you describe, though immigration officers might want to take quite a close look at your wife's ties to the United States. Documentation that residence has been maintained would be important, though, as it's quite possible that she would be given a hard time at the port of entry.

The thing about the clock for naturalization not being reset by an absence of more than a year refers to a somewhat obscure and fairly odd provision: If the continuity of an LPR's residence for naturalization purposes is disrupted by an absence of more than a year (which would mean that he/she would have had to have had a re-entry permit to return to the United States after that absence), he or she may apply for naturalization four years and a day (in the case of a five-year required residency period for naturalization) or two years and a day (in the case of a three-year required residency period for naturalization) after the end of that absence.

[NikLR 13,220]

Even a reentry permit doesn't guarantee reentry. The basic idea is, she must spend more time IN the USA during the year than OUT of it or else risk her green card being revoked. Any stay longer than 6 months should get a reentry permit. If a CBP officer feels your wife has spent more time out than in, they can consider her green card abandoned.

[pushbrk 12,092]

Even a reentry permit doesn't guarantee reentry. The basic idea is, she must spend more time IN the USA during the year than OUT of it or else risk her green card being revoked. Any stay longer than 6 months should get a reentry permit. If a CBP officer feels your wife has spent more time out than in, they can consider her green card abandoned.

You actually cannot get a re-entry permit for a planned stay less than a year.

Just to correct a previous error, any absence for any number of days, counts against the three or five years residency requirement, but any absence over 180 days restarts the clock. One year restarting the clock is incorrect.

This is a tricky issue. Google "maintaining permanent resident status US" and read what USCIS has to say about it. In short, it's not cut and dried. To maintain LPR status, the USA must be the primary place of residence, which generally means you are IN the USA more than you are OUT. If only it were that simple. It isn't.

Edited March 24, 2014 by pushbrk

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration forum.

[NikLR 13,220]

You actually cannot get a re-entry permit for a planned stay less than a year.

Just to correct a previous error, any absence for any number of days, counts against the three or five years residency requirement, but any absence over 180 days restarts the clock. One year restarting the clock is incorrect.

This is a tricky issue. Google "maintaining permanent resident status US" and read what USCIS has to say about it. In short, it's not cut and dried. To maintain LPR status, the USA must be the primary place of residence, which generally means you are IN the USA more than you are OUT. If only it were that simple. It isn't.

Thank you for the correction!

[Boiler 43,395]

There is no 6 months, you could theoretically abandon pr status in a day.

[pushbrk 12,092]

I'm not sure where people get the six month idea but my thought is that people have simply carried on a myth. If you want citizenship as soon as possible, you don't want to leave for more than six months at a time. People remember there's something bad associated with being gone for more than six months but don't know or remember what, when they tell people not to do it. This myth then perpetuates and grows.

Live in the USA and visit other countries for less than a year but not too frequently and most folks are fine. Start spending enough time outside the USA to give the impression you don't really live here anymore and you'll be in trouble.

In 2006, because of CBP screw-ups when my wife and daughter entered, I had several conversations with a CBP station chief (don't know if that's the actual title). As an aside, I mentioned our future plan of spending half our time in China. He told me that would endanger my wife's status, and it would be best if she Naturalized prior to implementing such a plan.

[engineer21 51]

I'm curious too now! my cousin's husband won the DV lottery and got his green card years ago. I barely know him or I would ask..

He doesn't even have a US address and lives back in Indonesia pretty much full time. Comes to the US once a year and somehow maintains his LPR status all these years. How can he do it? My mom even mentioned that for a stretch of a couple of years he couldn't make the trip to the US and lost his green card but has since gotten it "reinstated". How is this even possible??? too bad she doesn't know/understand more details..

Obviously I'm not advising that others try this as all I know is hearsay from my mom.. but he clearly spends the majority of his time outside the US. How long can you even have a re-entry permit? Could that be what he has? Anybody have any guesses? The more I think about it the more curious I get.

[Boiler 43,395]

Luck

Will run out.

[pushbrk 12,092]

Bingo!

[jhm3 15]

I'm not sure where people get the six month idea but my thought is that people have simply carried on a myth. If you want citizenship as soon as possible, you don't want to leave for more than six months at a time. People remember there's something bad associated with being gone for more than six months but don't know or remember what, when they tell people not to do it. This myth then perpetuates and grows.

Live in the USA and visit other countries for less than a year but not too frequently and most folks are fine. Start spending enough time outside the USA to give the impression you don't really live here anymore and you'll be in trouble.

In 2006, because of CBP screw-ups when my wife and daughter entered, I had several conversations with a CBP station chief (don't know if that's the actual title). As an aside, I mentioned our future plan of spending half our time in China. He told me that would endanger my wife's status, and it would be best if she Naturalized prior to implementing such a plan.

The significance of six months as a specific threshold beyond which it's better not to remain abroad as an LPR is actually based in law: Section 101(13)© of the Immigration and Nationality Act specifies that only after an absence in excess of 180 days (so not precisely six months, but approximately) is an LPR presenting him/herself at a port of entry considered to be making an "application for admission", suggesting that a longer absence makes the LPR liable to more stringent inspection. And Section 316(b) says that absences of between 6 months and 1 year will break the continuity of residence for naturalization purposes, unless the applicant can prove he/she did not abandon his/her residence. So it's not a myth; there is something to it.

The broader point here is right, though, I think: To get citizenship as quickly as possible, or to be sure of maintaining permanent residency, it's best to avoid extended absences to the extent that it's possible to do so. And if you *do* need to be abroad for a lengthy period, take care to document your continuing ties to the US and your intention to make your home there, consider obtaining a re-entry permit, and file Form N-470 to preserve continuity of residence for naturalization purposes if -- by virtue of the nature of your overseas employment -- you are eligible to do so. Remember too that while the 180 days/6 month threshold has some legal significance, CBP officers can also conclude (as some other posts here have pointed out) that an LPR has abandoned his/her status during a shorter absence abroad. So that documentation of residence in the United States is always important (though I certainly wouldn't expect it to be asked for after a trip abroad of a week or two or three).

Also, another post has suggested that a re-entry permit isn't available for absences of less than a year. It's true that it isn't supposed to be necessary for an absence of less than a year, but there is nothing to stop an LPR for applying for one, and I once had a CBP officer ask my wife why she didn't have one after an absence of a few (less than six) months. They don't necessarily know their own rules and policies all that well, so there is a case to be made for being prepared for anything (and for not pushing your luck).