180 day outside the U.S. limit - calendar year or rolling basis?

[caustaxguy 1]

For an LPR the requirement to not stay outside the U.S. more than 180 days in a year, is that for each calendar year or on a rolling basis?

[Boiler 43,804]

Over 6 months per trip and your presence for naturalizing resets. If you want to stay out longer the simple option is to get a re entry permit.

[caustaxguy 1]

4 hours ago, Boiler said:

Over 6 months per trip and your presence for naturalizing resets. If you want to stay out longer the simple option is to get a re entry permit.

Thank you. So as long as one trip itself isnt longer than six months then CBP wont question me on reentry? That doesnt seem right. So I can be away for 170 days come to the U.S. for a couple of weeks and then go back for 170 days again and so on so forth?

To me it seems like I read somewhere that you have to be in the U.S. 180 days every year (more time in than out), and from that perspective I was wondering if that "more time in than out" is measured on a rolling basis i.e last one year from the date seeking reentry to the U.S. or in a calendar year. Hope my question makes sense. Thank you for your reply.

[Boiler 43,804]

I never said you would not be questioned if that is your plan.

[caustaxguy 1]

6 minutes ago, Boiler said:

I never said you would not be questioned if that is your plan.

No worries. Do you happen to know the exact constraints though? Please see the second para for the question in my prior comment.

Basically as a LPR on a 10 year green card, I want to spend upto 3-4 months out of the U.S. each year (old parents in home country etc.). However, when planning out these trips I want to know if I should space them out so as to not go more than say 120 days (2-3 trips of 30-40 days each) in a calendar year or should I go by 120 days in prior 365 days. Anything you can share that lets me plan these trip would be helpful. Notwithstanding what future holds, a safe assumption would be that I would always be employed by my U.S. employer while I am on these trip and would be working remotely. Hence it would be easy to show that I did not severe my ties to the U.S. Thanks again!

Edited May 8, 2023 by caustaxguy

[Boiler 43,804]

3 or 4 months a year should not get much attention.

[FriendlyUser 42]

3 hours ago, caustaxguy said:

Basically as a LPR on a 10 year green card, I want to spend upto 3-4 months out of the U.S. each year (old parents in home country etc.). However, when planning out these trips I want to know if I should space them out so as to not go more than say 120 days (2-3 trips of 30-40 days each) in a calendar year or should I go by 120 days in prior 365 days. Anything you can share that lets me plan these trip would be helpful. Notwithstanding what future holds, a safe assumption would be that I would always be employed by my U.S. employer while I am on these trip and would be working remotely. Hence it would be easy to show that I did not severe my ties to the U.S. Thanks again!

I've had an almost identical situation. I've been regularly travelling 3-4 times a year with the total of 4 months being away during my first seven years as an LPR (usually 3 trips a year, each 30-40 days long to visit my family and friends in my home country; one short two-week trip to Europe). I've been employed in the States all that time; married (my husband also traveled a lot for work, so it worked out perfect for us), paying the apartment rent and taxes, etc.. I was just lucky enough then that I could work remoteIy. It's never been an issue. I've only once had to be away for 6 months (I flew back a day before the 6 month deadline; also, my husband flew over to spend time with me a couple of times). I was only asked at the border why I was away for so long. I gave a short explanation. The officer at the border was satisfied with my explanation. However, he warned me that I cannot travel abroad for the next half a year if I don't want to lose my LPR status. He also mentioned that if I keep spending six months in a row out of the US, my LPR status may also be questioned. However, as I've mentioned, it has only happened once due to extraordinary circumstances. I then kept travelling the same routine as described above. So you will be fine.    

Edited May 8, 2023 by FriendlyUser

[OldUser 5,162]

12 hours ago, caustaxguy said:

So I can be away for 170 days come to the U.S. for a couple of weeks and then go back for 170 days again and so on so forth?

No, unless you want to end up in situation like this