Traveling with a Green Card

[Derbo/Yamkins 4]

Hi!

My 75 yo grandma is an LPR. She will be traveling to the Philippines around May 2015 for vacation and business. Does she need to file a traveling permit or re entry visa of some sort while she's in the US?

How long of a stay is she allowed in the Philippines before they require her to have a reentry permit into the US?

Thanks! You all have been a good help.

[apple21 953]

For trips abroad spanning less than a year, you don't need a re-entry permit.

[Derbo/Yamkins 4]

For trips abroad spanning less than a year, you don't need a re-entry permit.

Is it okay if it's almost a year?

She needs a travel companion and the next trip that could "fetch" her back to the US is around April 2016. Is that pushing it too close?

[JimmyHou 610]

Is it okay if it's almost a year?

She needs a travel companion and the next trip that could "fetch" her back to the US is around April 2016. Is that pushing it too close?

As far as keeping her green card, yes it's almost certainly ok as long as the trip is under a year.

However, if she wants to apply for citizenship some day, then trips over 6 months may restart her count towards a green card.

Someone recently posted on the Citizenship forum that his wife's application for citizenship was denied because she left the country on an 11 month trip. She had to restart the wait for citienship when she returned.

Trips under 6 months usually have no impact, and not all trips between 6 and 12 months make a difference, but it depends on the situation.

If the traveler isn't considering naturalization, then she should be fine as long as she doesn't pass 12 months abroad... the problem, though is that if she misses her flight for health or weather reasons, she may end up staying abroad for over a year, which might cause problems.

From the USCIS policy manual section on naturalization:

1. Absence of More than Six Months (but Less than One Year) ​

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An absence of more than six months (more than 181 days but less than one year (less than 365 days)​)​ during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship.​ [10]

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An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence. ​

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An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:​

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•The applicant did not terminate his or her employment in the United States or obtain employment while abroad.​

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•The applicant’s immediate family remained in the United States.​

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•The applicant retained full access to his or her ​United States​ abode.​

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html