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lisa.zangrando

time limit outside US with contional green card

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Hello people!

I have a question. i know you can stay outside the US for no longer than 180 days in a year. but my question is this: do those 180 days have to be in a solar year (january to december) or do they follow your green card (for example june 2019 to june 2020)??

and 180 days in our trip or do they count all the different trips? 

thanks

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3 minutes ago, lisa.zangrando said:

do those 180 days have to be in a solar year (january to december)

No, it's any 180 days. The general rule is, if your trip is less than 180 days, CBP won't ask anything. If your trip is 180 days- 1 year, they can ask questions to ascertain whether you still maintain residence in the US. If more than 1 year, you need a re-entry permit to re-enter as LPR.

 

3 minutes ago, lisa.zangrando said:

o they follow your green card (for example june 2019 to june 2020)??

I don't know what you're talking about. The green card doesn't do anything like that. 

 

4 minutes ago, lisa.zangrando said:

180 days in our trip or do they count all the different trips? 

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.

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26 minutes ago, lisa.zangrando said:

or do they follow your green card (for example june 2019 to june 2020)??

The requirement starts the day you receive your green card but that doesn't mean you get 180 days abroad each green card year. So if you get your GC in June 2019, and travel abroad January 2020 - June 2020, and then again June 2020 - January 2021 (the "next" green card year), that will still count as 2x180 days, even though those days were spent on "different" green card years.

 

Don't think of it in terms of calendar or green card year, just in terms of "where have I spent my time in the past 360 days".


Swedish/American couple, met at university, eventually filed the I-129F petition in 2017.

K1 NOA1: 9/12/2017. NOA2: 3/10/2018. Case # Assigned: 3/28/2018. Embassy Received: 3/29/2018. Medical: 4/18/2018. Interview: 5/3/2018. VOH: 5/8/2018. US Entry (POE JFK): 5/24/2018.

 

AOS Package Sent: 6/4/2018. NOA1/Received Date: 6/5/2018. e-Notified: 6/11/2018. NOA1 Hardcopy: 6/14/2018. Biometrics Appt: 6/28/2018. I-485 Ready to be Scheduled for Interview: 7/25/2018. I-765 Card in Production: 9/19/2018. I-765 Card Mailed: 9/21/2018. I-765/I-131 Combo Card Received: 9/25/2018. I-765/I-131 Renewal Sent: 4/2/2019. NOA1/Received Date: 4/3/2019.

GC Interview Scheduled: X/XX/2019. GC Interview: X/XX/2019.

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