Calculating amount of time outside of US for LPR

[Daisy.Chain 317]

13 hours ago, Ermin&Zijada said:

I must have missed where OP asked for your opinion on the length of their visits. 

I'm pretty sure that was the point of OP's post.

[Roel 7,193]

6 hours ago, healthteacher said:

We are both retired and in our sixties. I figure we deserve a long holiday. What are you jealous or something?

Yes. We are all jealous. 

Please go spend a whole year... No! 2 years abroad on vacation and see how that will workout for your spouses green card. Good luck! 

[healthteacher 18]

6 hours ago, Roel said:

Yes. We are all jealous. 

Please go spend a whole year... No! 2 years abroad on vacation and see how that will workout for your spouses green card. Good luck! 

lol ok jealousy and vacation envy aside, According to the people here who have been kind enough to share useful information, the rule of thumb seems to be- absences of more than 1 year in a given year automatically reset clock for naturalization (unless you have an AP)

Absences 6 mos or less, usually is no problem for green card holder.

Anything over 6 mos to a year is pushing your luck for the green card, and anything over a year is grounds to revoke the green card.

Also immigration agents have total discretion, and depending on totality of circumstances can deny entry or have green card revoked for anything more than 6 mos, maybe even less! furthermore, having AP is no guarantee a green card wont be revoked.

Please let me know if this is not a somewhat accurate understanding, the immigration system can get confusing!

 

[Jojo92122 1,925]

13 hours ago, healthteacher said:

We are both retired and in our sixties. I figure we deserve a long holiday. What are you jealous or something?

Boiler was trying to point out a limitation on being an LPR and breaking residency for naturalization.  He was trying to help you.  Stop being ungrateful.  

[Jojo92122 1,925]

7 minutes ago, healthteacher said:

lol ok jealousy and vacation envy aside, According to the people here who have been kind enough to share useful information, the rule of thumb seems to be- absences of more than 1 year in a given year automatically reset clock for naturalization (unless you have an AP)

Absences 6 mos or less, usually is no problem for green card holder.

Anything over 6 mos to a year is pushing your luck for the green card, and anything over a year is grounds to revoke the green card.

Also immigration agents have total discretion, and depending on totality of circumstances can deny entry or have green card revoked for anything more than 6 mos, maybe even less! furthermore, having AP is no guarantee a green card wont be revoked.

Please let me know if this is not a somewhat accurate understanding, the immigration system can get confusing!

 

Wow.  You are not going to get help by being snide.  Jealous and vacation envy?   

 

Your wife should totally take as many trips and enjoy as much time as possible outside the US.  

[Jojo92122 1,925]

20 hours ago, Ermin&Zijada said:

You only consider it a “good point” because its an immigrant choosing to travel outside the US for longer than a few weeks. But when a usc takes a 6 month vacation to “explore europe” its considered a cultural experience and even envied. 

You may want to read up on maintaining LPR status.

 

Immigrants choosing to travel outside the US should be careful of their time outside the US to maintain their status.  Their LPR status can be abandoned for spending too much time outside the US.

 

A US citizen can be abroad forever and have zero problem coming back to the US.

 

An apology is in order.

[healthteacher 18]

12 minutes ago, Jojo92122 said:

Boiler was trying to point out a limitation on being an LPR and breaking residency for naturalization.  He was trying to help you.  Stop being ungrateful.  

Was just a joke,lighten up

[Ermin&Zijada 141]

32 minutes ago, Jojo92122 said:

You may want to read up on maintaining LPR status.

 

Immigrants choosing to travel outside the US should be careful of their time outside the US to maintain their status.  Their LPR status can be abandoned for spending too much time outside the US.

 

A US citizen can be abroad forever and have zero problem coming back to the US.

 

An apology is in order.

Yeah I agree the first person who replied to OP should apologize since their response was both rude and unhelpful. 

[healthteacher 18]

Thank you to all the people who took the time to give useful information, I think my question has been answered.

To the easily offended people out there- the crack about being jealous was meant as a joke- I was going to include a smiley face but forgot. Besides, judging from his reply I think boiler knew that.

 

[NikLR 13,234]

Basically more time in than out.  Dont spend more than 6 months per year outside the USA or if you do, spend the next 365 inside.   Remember that long trips (180 days+) resets the citizenship clock if that's a concern.  Obviously for some people it's not.  

 

Sometimes it's not the length of time gone but the frequency too.  

[healthteacher 18]

@ NiKLR thanks for the reply.

I did read something in the citizenship forum that said only absences of 12 months or more in any given year will reset naturalization clock.

However there appeared to be some confusion by some on this.

[geowrian 22,344]

8 minutes ago, healthteacher said:

@ NiKLR thanks for the reply.

I did read something in the citizenship forum that said only absences of 12 months or more in any given year will reset naturalization clock.

However there appeared to be some confusion by some on this.

Travel abroad of 6 months or longer may break the continuous residence requirement. Travel abroad of a year or longer will break it. Multiple visits each less than 6 months could also be considered to break the continuous residence requirement (i.e. you can’t just touch down every x months then leave).

Edited July 3, 2018 by geowrian

[healthteacher 18]

3 minutes ago, geowrian said:

Travel abroad of 6 months or longer may break the continuous residence requirement. Travel abroad of a year or longer will break it. Multiple visits each less than 6 months could also be considered to break the continuous residence requirement (i.e. you can’t just touch down every x months then leave).

I'm guessing that if it was absence of less than 1 year that broke the continuous residence requirement, there would most likely have been some evidence of abandonment when the green card holder tried to re-enter.

Six months or more is probably in of itself, evidence of abandonment in the minds of immigration. Strike one

Appears that one should have some convincing explanations ready if your time away is more than 6 months.

So what happens if they determine abandonment? Does the would-be immigrant get refused entry and lose their green card on the spot?

[geowrian 22,344]

24 minutes ago, healthteacher said:

I'm guessing that if it was absence of less than 1 year that broke the continuous residence requirement, there would most likely have been some evidence of abandonment when the green card holder tried to re-enter.

Not really. Continued residence is a different item than abandoning permanent residence. LPRs can hold residence abroad (students, temp workers/contracts, etc.) for some time without actually abandoning their permanent residence. But that break would break continuous residence for naturalization purposes.

 

24 minutes ago, healthteacher said:

So what happens if they determine abandonment? Does the would-be immigrant get refused entry and lose their green card on the spot?

An LPR can either be admitted or paroled and the case put in front of an immigration judge to make a final call. This could be with or without detainment.

 

They can also voluntarily abandon their permanent residence status (and enter on another travel document if they have one, or go home).

[Jojo92122 1,925]

3 hours ago, Ermin&Zijada said:

Yeah I agree the first person who replied to OP should apologize since their response was both rude and unhelpful. 

You are the one that needs to apologize to Boiler. 

Edited July 3, 2018 by Jojo92122