Green Card Holders: Maximum Days Abroad without Jeopardizing Citizenship

[Carlos A 0]

Hello everyone! I would appreciate some help to clarify the maximum number of days a green card holder can be outside the U.S. without jeopardizing their citizenship status. Let's take the year 2023 as an example: How many days can a green card holder spend abroad while maintaining their permanent resident status? I understand the limit is 180 days (6 months). My question is, do these 180 days count from January 1st to December 31st, 2023, in this example? And once the new year begins on January 1st, 2024, do the 180 days reset, starting from zero again? Additionally, I'm curious if the same rule applies to both green card holders with conditions and those whose conditions have been removed. Thank you for any insights or information you can provide!

[Verrou 1,901]

In my understanding it count from the day you become LPR + 365 days = 1 year. 

[Carlos A 0]

Yes, that makes sense Verrou! The counting of the 180 days for green card holders starts anew on every year anniversary from the day you became a Lawful Permanent Resident (LPR). So, if you became an LPR on a specific date, you can spend up to 180 days outside the U.S. from that date each year without jeopardizing your permanent resident status. Thank you for clarifying that point! 

[Chancy 6,233]

*** Moved from ROC General Discussion to Working & Traveling During US Immigration ***

 

[OldUser 5,056]

You seem to be focused on continuous residence, but do you remember about physical presence? To be naturalized under 5 year rule, one should spend in the US physically 30 months (913 days) over the last 5 years.

Edited September 2, 2023 by OldUser

[Mike E 11,725]

On 8/7/2023 at 5:09 AM, Carlos A said:

Hello everyone! I would appreciate some help to clarify the maximum number of days a green card holder can be outside the U.S. without jeopardizing their citizenship status. Let's take the year 2023 as an example: How many days can a green card holder spend abroad while maintaining their permanent resident status? I understand the limit is 180 days (6 months).

6 months is not 180 days though. Indeed, lawyer Hacking’s wife had a case where she made the argument that 6 months is actually 182 days, and she won. Unless you can afford her,  start thinking in terms of 179 days. 

On 8/7/2023 at 5:09 AM, Carlos A said:

 

My question is, do these 180 days count from January 1st to December 31st, 2023, in this example?

Yes. 

On 8/7/2023 at 5:09 AM, Carlos A said:

 

And once the new year begins on January 1st, 2024, do the 180 days reset,

There is no reset. 
 

Any continuous absence of more than 180 days both elevate’s CBP’s suspicion you abandoned LPR status as well  as interrupts your  5 year requirement for continuous residence before applying to naturalize.

 

So if you are gone September 2023 to April 2024, you have exceeded 180 days.

 

In addition the way the N-400 form is written, you have to highlight absences that are more that 179 days.

 

On 8/7/2023 at 5:09 AM, Carlos A said:

starting from zero again? Additionally, I'm curious if the same rule applies to both green card holders with conditions and those whose conditions have been removed. Thank you for any insights or information you can provide!

 1. Any single trip with a continuous absence of more than  180 days risks LPR status

 

2.  Any single trip with a continuous absence of more than  180 days resets the 5 year naturalization clock

 

3. Any single trip with a continuous absence of more than 179 draws extra scrutiny on form N-400

 

4. LPRs must spent more days inside the U.S. than outside to keep LPR status as well as to naturalize. Simply coming back to the U.S. for a day after a 180 day absence and repeating that pattern will inevitably draw a warning from CBP. A sure way to comply with this rule is:

* upon becoming an LPR, before going on a trip expected to last T days, stay in the U.S. for at least S days, where S = T + 1

* when returning from a trip of T days, do not go another trip of A days, for at least R days where R is the larger of T+1 or A+1

* T <= 180

* A <= 180

5. To avoid RFEs for purposes of naturalization, spend over 2/3s of your time in the U.S. Thus:

* upon becoming an LPR, before going on a trip expected to last T days, stay in the U.S. for at least S days, where S = 2 * T + 1

* when returning from a trip of T days, do not go another trip of A days, for at least R days where R is the larger of 2 * T + 1 or 2 * A + 1

* T <= 179

* A <= 179

6. Maintain a lease, mortgage, or deed on a dwelling in the U.S. while absent from the U.S. 

Edited September 10, 2023 by Mike E