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yee2yeec

Green Card Holder Travelling Outside the U.S. for More than 6 Months?

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Filed: Timeline

My uncle is a green card holder by spouse (sponsored by my aunt, a U.S. citizen).  He entered the U.S. in Sept 2018 and has been residing in Seattle since.  He plans to travel outside the U.S. from July 2020 (by then, he would have 21 months of continuous physical presence in the U.S.) and returns about 9 months later.  Would this put his permanent resident status in peril, and how will this impact his future naturalization timeline?  

 

Note that he will maintain his residence here in the states throughout his trip.

 

Any advice?  Thank you!

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Filed: Citizen (apr) Country: Australia
Timeline
43 minutes ago, yee2yeec said:

My uncle is a green card holder by spouse (sponsored by my aunt, a U.S. citizen).  He entered the U.S. in Sept 2018 and has been residing in Seattle since.  He plans to travel outside the U.S. from July 2020 (by then, he would have 21 months of continuous physical presence in the U.S.) and returns about 9 months later.  Would this put his permanent resident status in peril, and how will this impact his future naturalization timeline?  

 

Note that he will maintain his residence here in the states throughout his trip.

 

Any advice?  Thank you!

The absence of between 6 and 9 months should not be an issue for returning .. especially if he is able to demonstrate that he has maintained  his US residency.. but it may cause a break in residency that needs to be considered if he applies for naturalisation at the 5 year mark 

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Filed: Citizen (apr) Country: Ecuador
Timeline

Thread is moved from General Immigration Discussion to the Working & Traveling forum -- topic is travel.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Timeline
5 hours ago, Lil bear said:

The absence of between 6 and 9 months should not be an issue for returning .. especially if he is able to demonstrate that he has maintained  his US residency.. but it may cause a break in residency that needs to be considered if he applies for naturalisation at the 5 year mark 

Thanks for your reply.  Will the 3-year requirement (for spouses) need to restart from the beginning in such a case?

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Filed: Other Country: Saudi Arabia
Timeline
6 hours ago, yee2yeec said:

Thanks for your reply.  Will the 3-year requirement (for spouses) need to restart from the beginning in such a case?

Usually

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

 

Exceptions to that are in Part C Section 1 and he may well qualify for those exceptions

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Filed: Citizen (apr) Country: Australia
Timeline
10 hours ago, yee2yeec said:

Thanks for your reply.  Will the 3-year requirement (for spouses) need to restart from the beginning in such a case?

You  should read the N400 instructions as it lays out the requirements 

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Filed: F-2A Visa Country: Nepal
Timeline

Is your aunt traveling with him as well?

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: F-2A Visa Country: Nepal
Timeline

If he gets some monthly statements like utility bills, banks/credit card statements, insurances, and/or if his name is listed on properties like vehicles or houses, he may be able to count those 9 months for his citizenship application. Showing credit/debit card expenses while abroad is also a positive factor.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: Other Country: Pakistan
Timeline

Seriously your uncle have nothing to worry about. For some reason my mother in law who has been a green card holder for over 5 years has been able to make trips ranging from 1 to 5 months every year to the US staying most of the year in her home country and no one has bothered her or tried taking her green card ....

 

I know I wouldn't encourage it because its wrong but one trip after 21 months is not going to be problem from what I am seeing ...:wacko:

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