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Posted

I just have a quick question. If you travel overseas for 5 months and then stay in the US for 4 months and then travel overseas again for 3 months (all in 1 year), do they consider this as abandoning the green card? or they only consider as abandoning the green card only if you travel for more than 6 months? thx.

Posted
I just have a quick question. If you travel overseas for 5 months and then stay in the US for 4 months and then travel overseas again for 3 months (all in 1 year), do they consider this as abandoning the green card? or they only consider as abandoning the green card only if you travel for more than 6 months? thx.

Any absence (even less than 6 months) can be considered abandoning your permanent residence depending on your actions. For instance, if you give up your domicile in the U.S. and then establish a domicile and get a job in another country and then come back after less than 6 months, it could be determined that you abandoned permanent residence in the U.S.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Posted
Any absence (even less than 6 months) can be considered abandoning your permanent residence depending on your actions. For instance, if you give up your domicile in the U.S. and then establish a domicile and get a job in another country and then come back after less than 6 months, it could be determined that you abandoned permanent residence in the U.S.

Not entirely true. They allow travel but not longer than 6 months. Not sure the situation you talked about 5 months, 4 months, 3 months, but I think they will since 5+3 = 8 and that is greater than 6 months.

N-400 Naturalization Timeline

06/28/11 .. Mailed N-400 package via Priority mail with delivery confirmation

06/30/11 .. Package Delivered to Dallas Lockbox

07/06/11 .. Received e-mail notification of application acceptance

07/06/11 .. Check cashed

07/08/11 .. Received NOA letter

07/29/11 .. Received text/e-mail for biometrics notice

08/03/11 .. Received Biometrics letter - scheduled for 8/24/11

08/04/11 .. Walk-in finger prints done.

08/08/11 .. Received text/e-mail: Placed in line for interview scheduling

09/12/11 .. Received Yellow letter dated 9/7/11

09/13/11 .. Received text/e-mail: Interview scheduled

09/16/11 .. Received interview letter

10/19/11 .. Interview - PASSED

10/20/11 .. Received text/email: Oath scheduled

10/22/11 .. Received OATH letter

11/09/11 .. Oath ceremony

Posted

John_and_Marlene got it exactly right. From the USCIS "Maintaining your permanent residence" page:

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 United States for more than 1 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 United States may be considered, even if less than 1 year

* Remain outside of the United States for more than 2 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 United States may be considered, even if less than 1 year

* Fail to file income tax returns while living outside of the United States for any period

* Declare yourself a “nonimmigrant” on your tax returns

Note that the original question asked about abandoning permanent residence. If you are found to have abandoned permanent residence, you are ineligible for naturalization, and you're ineligible to enter the US using your green card (you may still be eligible to enter the US using a visa or visa waiver program). In order to naturalize, you'd have to first get your green card back, and then wait out the required period of continuous residence.

There's a separate question, addressed by separate laws, regarding what constitutes breaking the continuity of residence for the purpose of naturalization. See INA 316( b ) and 8 CFR 316.5( c ). A trip of six month to one year will break continuity of residence unless you can clearly prove that it didn't.

Both issues are very fact-dependent. But if you take a trip of less than six months, or even several trips of less than six months with short breaks in between, there's no way to break the continuity of residence for naturalization purposes unless you actually abandon permanent residence entirely. It IS possible to abandon permanent residence entirely with a few trips as described in the initial post, but it's also possible to maintain residence during those trips.

Finally, though it wasn't asked specifically, you should be aware of the physical presence requirement which can become an issue you spend more months outside the US than inside the US during your required continuous presence time.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

 
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