CAN A GREEN CARD HOLDER BE AWAY FROM US FOR A PERIOD OF 2 YEARS FOR STUDIES IN ANOTHER COUNTRY

[thomas_mathew91 0]

Hi,

My name is Thomas.N.Mathew,I am a green card Holder.I came to US on April 2011.I was not able to find a good job yet.So Iam planning to go back to my country(INDIA) for my studies.Is it possible to be away from US for a period of 2 years.Do i have to submit an application for that?please anybody let me know what to do.

[MIBEN 83]

If you are a green card holder, you can not be away from the US for more than 180 days in a year, if you stay away longer you will need an extension upon entering again if Immigration Officer allows it or you will need to reapply again.

[Inky 1,110]

you have to apply for a 131 permit.

[VanessaTony 3,567]

If you are a green card holder, you can not be away from the US for more than 180 days in a year, if you stay away longer you will need an extension upon entering again if Immigration Officer allows it or you will need to reapply again.

Completely incorrect.

[VanessaTony 3,567]

Hi,

My name is Thomas.N.Mathew,I am a green card Holder.I came to US on April 2011.I was not able to find a good job yet.So Iam planning to go back to my country(INDIA) for my studies.Is it possible to be away from US for a period of 2 years.Do i have to submit an application for that?please anybody let me know what to do.

It is possible yes. You can't stay out of the US for more than a year or you've abandoned your status BUT if you apply for a re-entry permit (form I-131) you can stay out for up to 2 years.

This will reset your naturalization clock though.

[MIBEN 83]

Completely incorrect.

USCIS website to avoid, misinterpretation:

Does travel outside the United States affect my permanent resident status?

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

What if my trip abroad will last longer than 1 year?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the “Travel Documents” link to the left under “Green Card Processes & Procedures.”

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas at www.travel.state.gov. This information is listed under its Visa section for immigrants.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the “Continuous Residence and Physical Presence Requirements” under the Naturalization section of this website.

[VanessaTony 3,567]

USCIS website to avoid, misinterpretation:

<snip>

Yes? That's what I said. You said 180 days which is 6 months. The stuff you posted (which you should have provided the link for) proved what I said and proved you wrong.

[MIBEN 83]

The I131 does not guarantee reentry, the 180 day or short trips can be problematic if the IO perceives the person has no intent to make the US their resident. In his case he is talking about a 2 year absence anything over 180 is what raises eyebrows at reentry. It is not about being right or wrong, I am trying to provide him with an accurate answer thus the post.

[VanessaTony 3,567]

The I131 does not guarantee reentry, the 180 day or short trips can be problematic if the IO perceives the person has no intent to make the US their resident. In his case he is talking about a 2 year absence anything over 180 is what raises eyebrows at reentry. It is not about being right or wrong, I am trying to provide him with an accurate answer thus the post.

Actually you're still wrong but I now realise the reason you're confused. Form I-131 is a dual purpose form. It can be advanced parole OR a re-entry permit. Advanced Parole does not guarantee re-entry (and the 6 month/1 year rule applies) which is why we specify "Re-entry Permit" which permits re-entry to the US for a period less than 2 years. It is important to note though that you must preserve your status by filing taxes, and other things. You must show that you didn't intend to give up your status.

Edited December 29, 2011 by Vanessa&Tony

[himher 634]

Your green card is for the purpose of residing in the US. When you get back to india and voluntarily surrender it to the embassy remember that next time you want to visit for a few months get a B visa.

Sorry your immigration didnt work out. See/google the show "outsourced" for reasons why it was so difficult to find a job.

You could always use your green card to go to school in the US then it would be being used legally for the purpose that it was obtained.

Hi,

My name is Thomas.N.Mathew,I am a green card Holder.I came to US on April 2011.I was not able to find a good job yet.So Iam planning to go back to my country(INDIA) for my studies.Is it possible to be away from US for a period of 2 years.Do i have to submit an application for that?please anybody let me know what to do.

[Gary and Alla 3,694]

If you are a green card holder, you can not be away from the US for more than 180 days in a year, if you stay away longer you will need an extension upon entering again if Immigration Officer allows it or you will need to reapply again.

Not correct.

You cannot be gone for more than ONE YEAR without an AP (I-131). Absences of more than 6 months will cause an interruption in your calculation for citizenship UNLESS it is an exempted absence, which includes education. But nothing else.

Our son (LPR) is a student in Moscow and has been absent from the US and returned without a an I-131 three times with no questions asked. He does carry documents showing he IS a US resident and you must carefully maintain this. You cannot just disappear for more than 6 months without being preapred to show you have maitained your residency but you CAM be absent more than 6 months and you CAN do so without an I-131.

More than one year requires a pre-approval (I-131) and more than TWO years requires some very serious exemptions such as proving the absence was beyond your control. IF you return for education, plan n maintaining your residency here (and that means registering at your school as a US resident) and plan on returning at least one time per year

[Gary and Alla 3,694]

The I131 does not guarantee reentry, the 180 day or short trips can be problematic if the IO perceives the person has no intent to make the US their resident. In his case he is talking about a 2 year absence anything over 180 is what raises eyebrows at reentry. It is not about being right or wrong, I am trying to provide him with an accurate answer thus the post.

Our son carried evidence he intends to maintain residency...

1. Registration at his Moscow university as a US resident

2. US draft registration

3. Vermont Drivers lisence

4. Bank debit card/proof of bank account

5. tax return

6. Copy of w-2 form from his summer job

He has never been asked for this or even asked a single question upon returning from absences of 10 months for the past three summers, but he does have it with him when he returns as they CAN question it.

Please review the rules on "maintaining US residency" This year he is coming here for his winter break instead if us going there so he will not have an absence of more than 6 months this year, but it is no tbig deal. Just be prepared.

Edited December 31, 2011 by Gary and Alla

[ceadsearc 515]

Your green card is for the purpose of residing in the US. When you get back to india and voluntarily surrender it to the embassy remember that next time you want to visit for a few months get a B visa.

Sorry your immigration didnt work out. See/google the show "outsourced" for reasons why it was so difficult to find a job.

You could always use your green card to go to school in the US then it would be being used legally for the purpose that it was obtained.

The OP is not talking about moving back to India permanently and is not planning to surrender their green card.

Going to school abroad is different than moving abroad.

To the OP, if you are going to be gone that long without return you will need a re-entry permit. You also will need to prove that you are maintaining US residency. Presumably you will still have a residence here, are filing tax returns here, etc.

How did you get your green card? Is it conditional or permanent?

[himher 634]

HM. We were out 11 months in 2009 and got browbeat like hell when we returned.

I was working overseas. My wife was the green card holder. We had vehicles, bank, drivers licenses, and my oldest daughter in school in the US, we were still paying state income taxes / filing as residents.

It was better for us to surrender the dam thing, finish up over here, and get a new IR1 when we were ready to return.

Not correct.

You cannot be gone for more than ONE YEAR without an AP (I-131). Absences of more than 6 months will cause an interruption in your calculation for citizenship UNLESS it is an exempted absence, which includes education. But nothing else.

Our son (LPR) is a student in Moscow and has been absent from the US and returned without a an I-131 three times with no questions asked. He does carry documents showing he IS a US resident and you must carefully maintain this. You cannot just disappear for more than 6 months without being preapred to show you have maitained your residency but you CAM be absent more than 6 months and you CAN do so without an I-131.

More than one year requires a pre-approval (I-131) and more than TWO years requires some very serious exemptions such as proving the absence was beyond your control. IF you return for education, plan n maintaining your residency here (and that means registering at your school as a US resident) and plan on returning at least one time per year

[ceadsearc 515]

I would assume the major problem was working overseas. That implies your primary residency is abroad.

It may be in the OP's best interest to surrender the card, I don't know. Without knowing their plans beyond the next 2 years as well as how they obtained their green card it's hard to say.