How long can we stay out of the USA with a green card?

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I am planning to go back to my country but I do not know how long can i stay there so i need ur help

Attorney Answers

3
Nisha V. FontaineImmigration AttorneyBuffalo, NY ·
Hello, Thank you for posting your question. As a lawful permanent resident (i.e. green card holder), you are required to reside in the United States. Absences of six months or greater start raising questions of whether you are actually residing in the U.S. If you are planning on residing outside of the U.S. for a period of 6 months or more, you may want to seriously consider applying for a re-entry permit. A re-entry permit, if approved, helps establish your intent not to abandon your green card. For detailed information about the reentry permit process, please see my website at: http://www.familytousa.com/reentry-permit/ Additionally, if you already meet the requirements for naturalization at this time, that may be another option for you to pursue prior to your long-trip to your home country. Information about the naturalization process is available at my website at: http://www.familytousa.com/naturalization-us-citizenship/ I would highly recommend that you speak to an experienced immigration attorney so that they can review the specifics of your case, see whether naturalization is an option for you, explain the re-entry permit process to you and whether that is a feasible solution, etc. before you file anything with USCIS and/or depart the U.S. Good luck! Thank you, Nisha V. Fontaine, Esq. Serotte Reich Wilson, LLP Ph: 716-854-7525 Email: [email protected] Web: www.familytousa.com
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Elizabeth Blandon ·
Legal permanent residents must always be able to demonstrate that they reside in the United States. If your goal is to move abroad, perhaps you should consider naturalization and expatriation. In any event, talk to an immigration attorney before making decisions which may affect your legal status in this country.
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C Abbott ·
My colleagues have provided excellent comments. If you leave for more than 6 months but less then a year it a rebuttable presumption that you have abandoned your LPR status. If its for a year or more it is deemed abandoned. You may wish to secure an reentry permit before you leave if the plan on an extended trip abroad. Also, as my colleagues' state it is advisable to consult with an experienced immigration attorney before departing for a legal opinion as to your options.
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