Travel on a green card - total time allowed

[Lorca1 4]

HI all. 

 

I got my green card issued on may 1st 2023 and it expires on May 1st 2025. 

 

I need your help clearing some things up. 

 

Due to weddings, funerals, honeymoon and other family plans i will be spending 6months 3weeks outside of the US between July 2023 and July 2024. 

 

1 - the 6 months in a year thing.... my greencard is valid for 2 years. Can I be out for 6 months within each year or 6 months total between may 2023- may 2025?

 

2. If I can be out for 6 months within a year and then another 6 months when does that year start and restart? I'm assuming my year starts and reboots in May but have read different things. For example I spent 4.5months out between May 2023- May 2024 so would my trip this summer count as a new batch meaning i'd only be spending 7 weeks out of the year out?

 

As I have a remote job from the uk and we don't own property in the states I've read that being out of the country for more than 6months in a year (again, not sure if thats a rolling year or from when my greencard was issued) without the proof could be risky. 

 

Any help and advice would be apprecaited and sorry if the questions don't make much sense, been trying to figure this otu for hours.

 

 

[wildbug100420 58]

13 minutes ago, Lorca1 said:

HI all. 

 

I got my green card issued on may 1st 2023 and it expires on May 1st 2025. 

 

I need your help clearing some things up. 

 

Due to weddings, funerals, honeymoon and other family plans i will be spending 6months 3weeks outside of the US between July 2023 and July 2024. 

 

1 - the 6 months in a year thing.... my greencard is valid for 2 years. Can I be out for 6 months within each year or 6 months total between may 2023- may 2025?

 

2. If I can be out for 6 months within a year and then another 6 months when does that year start and restart? I'm assuming my year starts and reboots in May but have read different things. For example I spent 4.5months out between May 2023- May 2024 so would my trip this summer count as a new batch meaning i'd only be spending 7 weeks out of the year out?

 

As I have a remote job from the uk and we don't own property in the states I've read that being out of the country for more than 6months in a year (again, not sure if thats a rolling year or from when my greencard was issued) without the proof could be risky. 

 

Any help and advice would be apprecaited and sorry if the questions don't make much sense, been trying to figure this otu for hours.

 

 

There is no hard and fast answers. Just remember the green card is for living and working in the US. With a travel pattern you have described an argument could be made by cbp that you have failed to establish the USA as your residence. Are you planning to apply for citizenship? 

[Lorca1 4]

hi, thanks for you quick reply.

Yes I plan on becoming a citizen. I have also just start up some long term volunteering work which looks promising and likely to turn into paid work from july. 

 

Do you have any idea regarding when the year starts (is it rolling on when i was issues my greencard) and if it's 6months within a year or total for the 2 years my green card is valid for

[OldUser 4,817]

6 months is for continuous residence requirement which is important for N-400. You should not have any trip exceeding 6 months at any point as GC holder, otherwise you'd break continuous residence for naturalization purposes. Say, today you returned from a 6.5 months trip overseas. This means you start counting eligibility date for N-400 from today, not when your GC started. So it would be 3 or 5 years from today. If you go again for over 6 months, your "clock" will reset again.

If you do a lot of trips such as 4 months out, two weeks in, you'll eventually find  a CBP who will give you NTA or ask to sign I-407.

 

You should not be absent from the US for over 1 year at a time also. This could result in losing LPR status. Again, the "clock" resets, again CBP may conclude you abandoned LPR status.

 

Even if you don't spend more than 6 months or 1 year at a time, if you travel back and forth, don't forget for N-400 you need to spend at least 50% of the time in the US. And you'll have to provide all trip dates. So start keeping track of trips and countries visited in Excel / Google sheet. E.g. when you left, when you came back and what countries you visited.

 

Don't spend too much time outside of the US, as I-751 would be harder to approve with no ties / jobs / lease in the US.

 

You should at least maintain bank accounts and lease in the US do demonstrate some ties. If you don't keep ties and use GC as fancy visa instead of living in the US, you will lose residency and won't be able to naturalize. 

Edited March 27 by OldUser

[JeanneAdil 6,202]

you are CPR (conditional permanent resident) and will need to file to remove conditions so reading what immigration considers important is a must

 

https://www.uscis.gov/policy-manual/volume-6-part-i-chapter-3

 

• Documentation showing joint ownership of property;^[7] 
• Lease showing joint tenancy of a common residence;^[8] 
• Documentation showing commingling of financial resources;^[9]

 

The CPR must also provide the following information on the petition:

• The actual residence(s) of the CPR and the petitioning spouse or stepparent from the time that the CPR obtained status;^[13] and 
• The CPR and the petitioning spouse or stepparent’s places and names of employers from the date that the CPR obtained status.^[14]

In some circumstances, when the CPR is unable to file jointly with the petitioning spouse or stepparent, the CPR may be able to file an individual filing request or request a waiver of the joint filing requirement.

[wildbug100420 58]

24 minutes ago, Lorca1 said:

hi, thanks for you quick reply.

Yes I plan on becoming a citizen. I have also just start up some long term volunteering work which looks promising and likely to turn into paid work from july. 

 

Do you have any idea regarding when the year starts (is it rolling on when i was issues my greencard) and if it's 6months within a year or total for the 2 years my green card is valid for

I don't think it's a rolling year. Each trip is treated separately but the total days outside the US factors when applying for citizenship. As I understand it any time spent longer than a year causes concern when coming back to the US. Also you mentioned you have a 2 year card so something to keep in mind because you don't want to miss any potential interview for removing your condition 

[randomstairs 270]

36 minutes ago, Lorca1 said:

hi, thanks for you quick reply.

Yes I plan on becoming a citizen. I have also just start up some long term volunteering work which looks promising and likely to turn into paid work from july. 

 

Do you have any idea regarding when the year starts (is it rolling on when i was issues my greencard) and if it's 6months within a year or total for the 2 years my green card is valid for

You should not stay outside the US for more than 6 months at a time to maintain the continuous presence for the naturalization purposes. If you are absent for more than 6 months (and less than a year), the burden of proof is on you to show that you have not broken the continuous presence. For naturalization purposes you have to be physically in the US for 30 months within the last 5 years (if applying based on the 5-year residency).

 

I don't know where the "6 months within a year" is coming from. You can travel abroad for 11.5 months out of a year and you may be just fine in terms of maintaining the LPR status. On the other hand, staying only 3 months abroad, with other factors included (such as working abroad and not having strong ties to the US), can put your status in jeopardy. 

Edited March 27 by randomstairs
clarification