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US green card holder: can I leave US for over 6-months but under 1-year?

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Hey guys,

Quick question: as a US green card holder, if I leave the country for over 6-months but under 1-year, will this affect me applying for citizenship?

Been a permanent resident for 20+ years, have family in the US, this trip is for school/traveling and I still intend to come back and live here.

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You may disrupt your period of continuous residence.


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67 (6/29/12) EAD production ordered
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100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
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Hey guys,

Quick question: as a US green card holder, if I leave the country for over 6-months but under 1-year, will this affect me applying for citizenship?

Been a permanent resident for 20+ years, have family in the US, this trip is for school/traveling and I still intend to come back and live here.

If after 20+ years as a LPR you are now worried about USC, then why not file for citizenship and this becomes a non-issue? Any trip of more than 6-months can disrupt your continuous residency period and you will loose all time in the US towards USC except for 364 days. So you would need 4 years plus 1 day to file for USC unless married to a USC. You may want to study this and the associate pages before making a decision that bites you in the backside.

Dave

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If after 20+ years as a LPR you are now worried about USC, then why not file for citizenship and this becomes a non-issue? Any trip of more than 6-months can disrupt your continuous residency period and you will loose all time in the US towards USC except for 364 days. So you would need 4 years plus 1 day to file for USC unless married to a USC. You may want to study this and the associate pages before making a decision that bites you in the backside.

Dave

Ironically enough, filing for citizenship may be an issue for some people (I'm not inferring the OP is in this boat). Some LPRs don't file for citizenship because they may have had class A demeanors, or maybe even some felonies. Filing for citizenship may render them ineligible to naturalize, so they keep their LPR status.


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Ironically enough, filing for citizenship may be an issue for some people (I'm not inferring the OP is in this boat). Some LPRs don't file for citizenship because they may have had class A demeanors, or maybe even some felonies. Filing for citizenship may render them ineligible to naturalize, so they keep their LPR status.

I understand all the reason for NOT filing for USC as my wife has no plans to file at this time. Maybe when we travel around the world more and she sees the advantages of not having to get a visa to just about every country, she may change her mind. It is just the OP has been a LPR for 20+ years and is now asking about a trip that might jeopardize his ability to file for USC. The worst that can happen is that the citizenship plans will have to wait for 4 more years.

Dave

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I understand all the reason for NOT filing for USC as my wife has no plans to file at this time. Maybe when we travel around the world more and she sees the advantages of not having to get a visa to just about every country, she may change her mind. It is just the OP has been a LPR for 20+ years and is now asking about a trip that might jeopardize his ability to file for USC. The worst that can happen is that the citizenship plans will have to wait for 4 more years.

Dave

No. The worst thing that can happen is they deny him re-entry.


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Not quite. LPRs cannot be denied entry to the US, but CBP can refer them to immigration court and ask an immigration judge to revoke their green card.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Not quite. LPRs cannot be denied entry to the US, but CBP can refer them to immigration court and ask an immigration judge to revoke their green card.

There are two cases that our office has processed in the last 3 years where LPRs were denied entry. So, yes, quite.


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"Our office?"

https://help.cbp.gov/app/answers/detail/a_id/932/kw/LPR%20inadmissibility

Can a Lawful Permanent Resident (LPR) be denied reentry into the U.S.?

The short answer is that Lawful Permanent Resident's (LPR) convicted of certain crimes cannot be denied reentry into the U.S., although they will be referred to an Immigration Hearing to determine deportability. Once a determination of deportability has been made, the LPR status is revoked, and a deportation order handed down. Obviously, once such an order has been issued, a former LPR would not be allowed entry into the U.S. after any subsequent trip out of the U.S. unless a Waiver of Inadmissibility (I-192) is granted or if a Port Director approves a temporary parole (usually for humanitarian purposes). The legal grounds for removal of LPR status are found in the Immigration and Nationality Act, Section 237.
An LPR remains an LPR until an immigration judge makes a determination that they are no longer an LPR. All LPRs have the legal right to a hearing before an immigration judge.
Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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I qas wondering what that means, agree a LPR can not be refused entry but there can be nasty issues down the road.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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LPR can't be denied entry without going to court, they are not tourists.


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"Our office?"

https://help.cbp.gov/app/answers/detail/a_id/932/kw/LPR%20inadmissibility

Can a Lawful Permanent Resident (LPR) be denied reentry into the U.S.?

The short answer is that Lawful Permanent Resident's (LPR) convicted of certain crimes cannot be denied reentry into the U.S., although they will be referred to an Immigration Hearing to determine deportability. Once a determination of deportability has been made, the LPR status is revoked, and a deportation order handed down. Obviously, once such an order has been issued, a former LPR would not be allowed entry into the U.S. after any subsequent trip out of the U.S. unless a Waiver of Inadmissibility (I-192) is granted or if a Port Director approves a temporary parole (usually for humanitarian purposes). The legal grounds for removal of LPR status are found in the Immigration and Nationality Act, Section 237.
An LPR remains an LPR until an immigration judge makes a determination that they are no longer an LPR. All LPRs have the legal right to a hearing before an immigration judge.

Office. A place where people work, etc.

An LPR, in the place of where I work, was sent back to Manila after she attempted to enter as an LPR after she was away for more than 1 year. CBP determined her then and there, abandonment of her LPR status and was not allowed entry into JFK. I'm hoping that's clear enough.

"Our office?"

https://help.cbp.gov/app/answers/detail/a_id/932/kw/LPR%20inadmissibility

Can a Lawful Permanent Resident (LPR) be denied reentry into the U.S.?

The short answer is that Lawful Permanent Resident's (LPR) convicted of certain crimes cannot be denied reentry into the U.S., although they will be referred to an Immigration Hearing to determine deportability. Once a determination of deportability has been made, the LPR status is revoked, and a deportation order handed down. Obviously, once such an order has been issued, a former LPR would not be allowed entry into the U.S. after any subsequent trip out of the U.S. unless a Waiver of Inadmissibility (I-192) is granted or if a Port Director approves a temporary parole (usually for humanitarian purposes). The legal grounds for removal of LPR status are found in the Immigration and Nationality Act, Section 237.
An LPR remains an LPR until an immigration judge makes a determination that they are no longer an LPR. All LPRs have the legal right to a hearing before an immigration judge.

Her inadmissability was not based on "certain crimes".


100% Naturalized U.S.D.A. Prime American

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What worklace gives a years holiday?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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