Been away too long?
#1
Guest
Posts: n/a
Been away too long?
Am I understanding this correctly? I left the US for Canada in August
of 05. I returned in October of 05 for a week, then left again. I
returned in January 06 for a week, then left once again. I returned in
May 06 for a weekend, then left yet again. As of today, I am still
outside the US. My question is, is my GC status safe since I haven't
been CONTINUOUSLY away for more than about 4 months at a time.
Straighten me out if I'm wrong.
PS. Never filed an I-131, and my 10 year GC expires in 3 months. Am
about to file both the I-131 and I-90, however. Ideas?
of 05. I returned in October of 05 for a week, then left again. I
returned in January 06 for a week, then left once again. I returned in
May 06 for a weekend, then left yet again. As of today, I am still
outside the US. My question is, is my GC status safe since I haven't
been CONTINUOUSLY away for more than about 4 months at a time.
Straighten me out if I'm wrong.
PS. Never filed an I-131, and my 10 year GC expires in 3 months. Am
about to file both the I-131 and I-90, however. Ideas?
#2
Guest
Posts: n/a
Re: Been away too long?
RS wrote on 08/24/06 00:55:
> Am I understanding this correctly? I left the US for Canada in August
> of 05. I returned in October of 05 for a week, then left again. I
> returned in January 06 for a week, then left once again. I returned in
> May 06 for a weekend, then left yet again. As of today, I am still
> outside the US. My question is, is my GC status safe since I haven't
> been CONTINUOUSLY away for more than about 4 months at a time.
> Straighten me out if I'm wrong.
No, your GC is not "safe." A pattern like this looks as if you are living abroad
and just visit the US once in a while. That is not allowed as Permanent
Resident. It is called "Permanent Resident" for a reason. You actually have to
reside in the US. All trips abroad have to be temporary in nature.
-joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
> Am I understanding this correctly? I left the US for Canada in August
> of 05. I returned in October of 05 for a week, then left again. I
> returned in January 06 for a week, then left once again. I returned in
> May 06 for a weekend, then left yet again. As of today, I am still
> outside the US. My question is, is my GC status safe since I haven't
> been CONTINUOUSLY away for more than about 4 months at a time.
> Straighten me out if I'm wrong.
No, your GC is not "safe." A pattern like this looks as if you are living abroad
and just visit the US once in a while. That is not allowed as Permanent
Resident. It is called "Permanent Resident" for a reason. You actually have to
reside in the US. All trips abroad have to be temporary in nature.
-joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
#3
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Been away too long?
Originally Posted by Rs
Am I understanding this correctly? I left the US for Canada in August
of 05. I returned in October of 05 for a week, then left again. I
returned in January 06 for a week, then left once again. I returned in
May 06 for a weekend, then left yet again. As of today, I am still
outside the US. My question is, is my GC status safe since I haven't
been CONTINUOUSLY away for more than about 4 months at a time.
Straighten me out if I'm wrong.
PS. Never filed an I-131, and my 10 year GC expires in 3 months. Am
about to file both the I-131 and I-90, however. Ideas?
of 05. I returned in October of 05 for a week, then left again. I
returned in January 06 for a week, then left once again. I returned in
May 06 for a weekend, then left yet again. As of today, I am still
outside the US. My question is, is my GC status safe since I haven't
been CONTINUOUSLY away for more than about 4 months at a time.
Straighten me out if I'm wrong.
PS. Never filed an I-131, and my 10 year GC expires in 3 months. Am
about to file both the I-131 and I-90, however. Ideas?
http://www.usdoj.gov/eoir/vll/intdec/vol15/2371.pdf
http://www.usdoj.gov/eoir/vll/intdec/vol19/3079.pdf
Kane and Huang are the two "mother" cases on your fact pattern and are still good law.