how long out of USA with green card.
#1
Just Joined
Thread Starter
Joined: Nov 2006
Posts: 3
how long out of USA with green card.
Hi Everyone.
Currently in the UK for the last 5 months helping to look after sick ole parents.
When I was in Florida a visa guy told me that I could stay outside of USA for 12 months with no probs......someone else just told me it is only 6 months...in which case I had better get myself back fast.......so what is it.
12 months or 6 months any one help?
Thankyou.
Currently in the UK for the last 5 months helping to look after sick ole parents.
When I was in Florida a visa guy told me that I could stay outside of USA for 12 months with no probs......someone else just told me it is only 6 months...in which case I had better get myself back fast.......so what is it.
12 months or 6 months any one help?
Thankyou.
#2
BE Enthusiast
Joined: Jun 2001
Posts: 571
Re: how long out of USA with green card.
Originally Posted by happyjack
Hi Everyone.
Currently in the UK for the last 5 months helping to look after sick ole parents.
When I was in Florida a visa guy told me that I could stay outside of USA for 12 months with no probs......someone else just told me it is only 6 months...in which case I had better get myself back fast.......so what is it.
12 months or 6 months any one help?
Thankyou.
Currently in the UK for the last 5 months helping to look after sick ole parents.
When I was in Florida a visa guy told me that I could stay outside of USA for 12 months with no probs......someone else just told me it is only 6 months...in which case I had better get myself back fast.......so what is it.
12 months or 6 months any one help?
Thankyou.
Preservation of Green Cards during Foreign Travel
by Gregory Siskind, Esq.
http://www.ilw.com/articles/2006,1030-siskind.shtm
Maintaining Legal Permanent Resident Status
http://www.hooyou.com/reentrypermit/...glegalPRS.html
Maintenance of Lawful Permanent Residence
http://www.americanlaw.com/maintlpr.html
http://www.twmlaw.com/resources/immi...grant6cont.htm
http://careers.the-scientist.com/ind...article_id=789
http://immigration.about.com/library/blpermres.htm
http://www.quanlaw.com/ls_presidency.asp
Very good legal guide for US Citzenship or to maintain Permanent Residence of US
http://www.illinoislegalaid.org/UPLO...88natguide.pdf
http://www.immihelp.com/greencard/retain-greencard.html
#3
Re: how long out of USA with green card.
Originally Posted by happyjack
Hi Everyone.
Currently in the UK for the last 5 months helping to look after sick ole parents.
When I was in Florida a visa guy told me that I could stay outside of USA for 12 months with no probs......someone else just told me it is only 6 months...in which case I had better get myself back fast.......so what is it.
12 months or 6 months any one help?
Thankyou.
Currently in the UK for the last 5 months helping to look after sick ole parents.
When I was in Florida a visa guy told me that I could stay outside of USA for 12 months with no probs......someone else just told me it is only 6 months...in which case I had better get myself back fast.......so what is it.
12 months or 6 months any one help?
Thankyou.
There is no hard and fast rule about how long you can be out of the USA and still retain your PR status. It's treated on a case-by-case basis.
Personally, I'd come back to the USA very soon, and if you plan on leaving again, have a consultation with an immigration attorney who is knowledgeable about abandonment cases.
Best Wishes,
Rene
#4
BE Enthusiast
Joined: Jun 2001
Posts: 571
Re: how long out of USA with green card.
Originally Posted by happyjack
Hi Everyone.
Currently in the UK for the last 5 months helping to look after sick ole parents.
When I was in Florida a visa guy told me that I could stay outside of USA for 12 months with no probs......someone else just told me it is only 6 months...in which case I had better get myself back fast.......so what is it.
12 months or 6 months any one help?
Thankyou.
Currently in the UK for the last 5 months helping to look after sick ole parents.
When I was in Florida a visa guy told me that I could stay outside of USA for 12 months with no probs......someone else just told me it is only 6 months...in which case I had better get myself back fast.......so what is it.
12 months or 6 months any one help?
Thankyou.
* you can apply for Reentry permit if you want to stay more than a year. Reentry permit has to be applied when you are IN US. your Reentry permit after approval can be sent to your US address OR to US consulate in your in UK(you can pick up from US consulate when they inform ) Reentry permit is valid for 2 years from date of approval.
#5
Guest
Posts: n/a
Re: how long out of USA with green card.
You have to maintain your primary residence in the USA (maintain a
close connection with the USA, intend to come back to the USA). If
you're gone for more than 1 year, you will also need a reentry permit
to come back (you can apply using form I-131 - you have to be in the US
when you apply, but can leave without it).
If you leave the US, having sold all your belongings in the US, closed
all your US bank accounts, don't have a US address, and on the way out
you visit a US border officer and tell him "**** you all, I don't want
to ever come back to your ****ing country". And a few hours later you
try to come back, one may argue that you surrendered your permanent
resident status and thereby may not be admited as such.
Then, if you're working for a US federal agency (or even better the US
army), have a US address, US bank accounts, get your reentry permit,
file US tax forms ... and are gone for 2 years straight, you will
likely be considered to have maintained your US residence and be
allowed back in the US.
happyjack wrote:
> Hi Everyone.
> Currently in the UK for the last 5 months helping to look after sick ole
> parents.
> When I was in Florida a visa guy told me that I could stay outside of
> USA for 12 months with no probs......someone else just told me it is
> only 6 months...in which case I had better get myself back fast.......so
> what is it.
> 12 months or 6 months any one help?
> Thankyou.
>
> --
> Posted via http://britishexpats.com
close connection with the USA, intend to come back to the USA). If
you're gone for more than 1 year, you will also need a reentry permit
to come back (you can apply using form I-131 - you have to be in the US
when you apply, but can leave without it).
If you leave the US, having sold all your belongings in the US, closed
all your US bank accounts, don't have a US address, and on the way out
you visit a US border officer and tell him "**** you all, I don't want
to ever come back to your ****ing country". And a few hours later you
try to come back, one may argue that you surrendered your permanent
resident status and thereby may not be admited as such.
Then, if you're working for a US federal agency (or even better the US
army), have a US address, US bank accounts, get your reentry permit,
file US tax forms ... and are gone for 2 years straight, you will
likely be considered to have maintained your US residence and be
allowed back in the US.
happyjack wrote:
> Hi Everyone.
> Currently in the UK for the last 5 months helping to look after sick ole
> parents.
> When I was in Florida a visa guy told me that I could stay outside of
> USA for 12 months with no probs......someone else just told me it is
> only 6 months...in which case I had better get myself back fast.......so
> what is it.
> 12 months or 6 months any one help?
> Thankyou.
>
> --
> Posted via http://britishexpats.com
#6
Re: how long out of USA with green card.
Originally Posted by happyjack
Hi Everyone.
Currently in the UK for the last 5 months helping to look after sick ole parents.
When I was in Florida a visa guy told me that I could stay outside of USA for 12 months with no probs......someone else just told me it is only 6 months...in which case I had better get myself back fast.......so what is it.
12 months or 6 months any one help?
Thankyou.
Currently in the UK for the last 5 months helping to look after sick ole parents.
When I was in Florida a visa guy told me that I could stay outside of USA for 12 months with no probs......someone else just told me it is only 6 months...in which case I had better get myself back fast.......so what is it.
12 months or 6 months any one help?
Thankyou.
She is a Resident not a Citizen.
#7
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: how long out of USA with green card.
Originally Posted by happyjack
Hi Everyone.
Currently in the UK for the last 5 months helping to look after sick ole parents.
When I was in Florida a visa guy told me that I could stay outside of USA for 12 months with no probs......someone else just told me it is only 6 months...in which case I had better get myself back fast.......so what is it.
12 months or 6 months any one help?
Thankyou.
Currently in the UK for the last 5 months helping to look after sick ole parents.
When I was in Florida a visa guy told me that I could stay outside of USA for 12 months with no probs......someone else just told me it is only 6 months...in which case I had better get myself back fast.......so what is it.
12 months or 6 months any one help?
Thankyou.
These questions are quite fact specfic. It is NOT just a matter of time.
#8
Guest
Posts: n/a
Re: how long out of USA with green card.
On Wed, 29 Nov 2006 18:19:44 +0000, happyjack
<member58293@british_expats.com> wrote:
>Hi Everyone.
>Currently in the UK for the last 5 months helping to look after sick ole
>parents.
>When I was in Florida a visa guy told me that I could stay outside of
>USA for 12 months with no probs......someone else just told me it is
>only 6 months...in which case I had better get myself back fast.......so
>what is it.
>12 months or 6 months any one help?
>Thankyou.
See my post in the "green card in Guam" thread for practical advice on
how it really works.
<member58293@british_expats.com> wrote:
>Hi Everyone.
>Currently in the UK for the last 5 months helping to look after sick ole
>parents.
>When I was in Florida a visa guy told me that I could stay outside of
>USA for 12 months with no probs......someone else just told me it is
>only 6 months...in which case I had better get myself back fast.......so
>what is it.
>12 months or 6 months any one help?
>Thankyou.
See my post in the "green card in Guam" thread for practical advice on
how it really works.
#9
Guest
Posts: n/a
Re: how long out of USA with green card.
Art wrote on 11/29/06 21:56:
> On Wed, 29 Nov 2006 18:19:44 +0000, happyjack
> <member58293@british_expats.com> wrote:
>
>> Hi Everyone.
>> Currently in the UK for the last 5 months helping to look after sick ole
>> parents.
>> When I was in Florida a visa guy told me that I could stay outside of
>> USA for 12 months with no probs......someone else just told me it is
>> only 6 months...in which case I had better get myself back fast.......so
>> what is it.
>> 12 months or 6 months any one help?
>> Thankyou.
>
> See my post in the "green card in Guam" thread for practical advice on
> how it really works.
Except that this "practical advice" is flawed and outdated. Being a smart-ass
doesn't help...
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
> On Wed, 29 Nov 2006 18:19:44 +0000, happyjack
> <member58293@british_expats.com> wrote:
>
>> Hi Everyone.
>> Currently in the UK for the last 5 months helping to look after sick ole
>> parents.
>> When I was in Florida a visa guy told me that I could stay outside of
>> USA for 12 months with no probs......someone else just told me it is
>> only 6 months...in which case I had better get myself back fast.......so
>> what is it.
>> 12 months or 6 months any one help?
>> Thankyou.
>
> See my post in the "green card in Guam" thread for practical advice on
> how it really works.
Except that this "practical advice" is flawed and outdated. Being a smart-ass
doesn't help...
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
#10
Guest
Posts: n/a
Re: how long out of USA with green card.
On Wed, 29 Nov 2006 23:04:02 -0800, Joe Feise <[email protected]> wrote:
>Art wrote on 11/29/06 21:56:
>> On Wed, 29 Nov 2006 18:19:44 +0000, happyjack
>> <member58293@british_expats.com> wrote:
>>
>>> Hi Everyone.
>>> Currently in the UK for the last 5 months helping to look after sick ole
>>> parents.
>>> When I was in Florida a visa guy told me that I could stay outside of
>>> USA for 12 months with no probs......someone else just told me it is
>>> only 6 months...in which case I had better get myself back fast.......so
>>> what is it.
>>> 12 months or 6 months any one help?
>>> Thankyou.
>>
>> See my post in the "green card in Guam" thread for practical advice on
>> how it really works.
>Except that this "practical advice" is flawed and outdated. Being a smart-ass
>doesn't help...
Being a self-righteous asshole, who is probably an immigrant himself,
doesn't help those who want to keep their green cards, for whatever
reason, without keeping to the letter of the law.
>Art wrote on 11/29/06 21:56:
>> On Wed, 29 Nov 2006 18:19:44 +0000, happyjack
>> <member58293@british_expats.com> wrote:
>>
>>> Hi Everyone.
>>> Currently in the UK for the last 5 months helping to look after sick ole
>>> parents.
>>> When I was in Florida a visa guy told me that I could stay outside of
>>> USA for 12 months with no probs......someone else just told me it is
>>> only 6 months...in which case I had better get myself back fast.......so
>>> what is it.
>>> 12 months or 6 months any one help?
>>> Thankyou.
>>
>> See my post in the "green card in Guam" thread for practical advice on
>> how it really works.
>Except that this "practical advice" is flawed and outdated. Being a smart-ass
>doesn't help...
Being a self-righteous asshole, who is probably an immigrant himself,
doesn't help those who want to keep their green cards, for whatever
reason, without keeping to the letter of the law.
#11
Just Joined
Thread Starter
Joined: Nov 2006
Posts: 3
Re: how long out of USA with green card.
Originally Posted by Folinskyinla
Hi:
These questions are quite fact specfic. It is NOT just a matter of time.
These questions are quite fact specfic. It is NOT just a matter of time.
Hi and thanks for everyones reply.
OK, If it WAS just a matter of time...what would it be 6 or 12 months? as everything else concerning responsibilities in Florida are in order.,property,taxes,bank account, credit cards,etc
The situation is......based on the visa guys information I was going to stay in UK for Christmas and then head back to Florida,that would have put me just over 6 months in the UK,I have just spoken to a guy from UK who owns a property in Florida and also has a GC.....he tells me that he regulary exceeds 6 month absence from the USA,when he is asked[by immigration] at port of entry how long he has been out....he replies a couple of months SIR.....He says he has been doing this since 1992,he also says they[immigration] have no way of knowing how long someone has been out of USA,and that is why they ask......he says if they knew why would they ask.
He has been out for more than 6 months before and told them 2 months and they say welcome home !!!!!
getting more confused now.....this would be my 1st time in UK at Christmas for many years........I suppose I better go back.
#12
Guest
Posts: n/a
Re: how long out of USA with green card.
On Thu, 30 Nov 2006 09:59:59 +0000, happyjack
<member58293@british_expats.com> wrote:
>> Hi:
>> These questions are quite fact specfic. It is NOT just a matter
>> of time.
>Hi and thanks for everyones reply.
>OK, If it WAS just a matter of time...what would it be 6 or 12 months?
>as everything else concerning responsibilities in Florida are in
>order.,property,taxes,bank account, credit cards,etc
Six months would be better than twelve.
>The situation is......based on the visa guys information I was going to
>stay in UK for Christmas and then head back to Florida,that would have
>put me just over 6 months in the UK,I have just spoken to a guy from UK
>who owns a property in Florida and also has a GC.....he tells me that
>he regulary exceeds 6 month absence from the USA,when he is asked[by
>immigration] at port of entry how long he has been out....he replies a
>couple of months SIR.....He says he has been doing this since 1992,he
>also says they[immigration] have no way of knowing how long someone has
>been out of USA,and that is why they ask......he says if they knew why
>would they ask.
Sometimes they do know and sometimes they don't. Arrival/departure
info forwarded by the airlines isn't always complete and even when it
is, it isn't always used to update the Immigration databases.
>He has been out for more than 6 months before and told them 2 months and
>they say welcome home !!!!!
You can't rely on this being the case any more. Often you'll find
that you're not asked how long you've been away...because they already
know.
>getting more confused now.....this would be my 1st time in UK at
>Christmas for many years........I suppose I better go back.
Yes.
<member58293@british_expats.com> wrote:
>> Hi:
>> These questions are quite fact specfic. It is NOT just a matter
>> of time.
>Hi and thanks for everyones reply.
>OK, If it WAS just a matter of time...what would it be 6 or 12 months?
>as everything else concerning responsibilities in Florida are in
>order.,property,taxes,bank account, credit cards,etc
Six months would be better than twelve.
>The situation is......based on the visa guys information I was going to
>stay in UK for Christmas and then head back to Florida,that would have
>put me just over 6 months in the UK,I have just spoken to a guy from UK
>who owns a property in Florida and also has a GC.....he tells me that
>he regulary exceeds 6 month absence from the USA,when he is asked[by
>immigration] at port of entry how long he has been out....he replies a
>couple of months SIR.....He says he has been doing this since 1992,he
>also says they[immigration] have no way of knowing how long someone has
>been out of USA,and that is why they ask......he says if they knew why
>would they ask.
Sometimes they do know and sometimes they don't. Arrival/departure
info forwarded by the airlines isn't always complete and even when it
is, it isn't always used to update the Immigration databases.
>He has been out for more than 6 months before and told them 2 months and
>they say welcome home !!!!!
You can't rely on this being the case any more. Often you'll find
that you're not asked how long you've been away...because they already
know.
>getting more confused now.....this would be my 1st time in UK at
>Christmas for many years........I suppose I better go back.
Yes.
#13
Account Closed
Joined: Mar 2004
Posts: 2
Re: how long out of USA with green card.
I have a friend who was out for 5 months, had a fright getting back in so is now a Citizen.
From my own experiance at US Immigration I belive that they usually know exactly how long you are gone.
From my own experiance at US Immigration I belive that they usually know exactly how long you are gone.
#14
Guest
Posts: n/a
Re: how long out of USA with green card.
Art wrote on 11/30/06 03:40:
>
> Sometimes they do know and sometimes they don't. Arrival/departure
> info forwarded by the airlines isn't always complete and even when it
> is, it isn't always used to update the Immigration databases.
It is nowadays, since it is transmitted electronically.
You obviously have no clue about this stuff, troll.
>
> Sometimes they do know and sometimes they don't. Arrival/departure
> info forwarded by the airlines isn't always complete and even when it
> is, it isn't always used to update the Immigration databases.
It is nowadays, since it is transmitted electronically.
You obviously have no clue about this stuff, troll.
#15
Guest
Posts: n/a
Re: how long out of USA with green card.
happyjack wrote on 11/30/06 01:59:
>> Hi:
>> These questions are quite fact specfic. It is NOT just a matter
>> of time.
>
> Hi and thanks for everyones reply.
>
> OK, If it WAS just a matter of time...what would it be 6 or 12 months?
> as everything else concerning responsibilities in Florida are in
> order.,property,taxes,bank account, credit cards,etc
You can temporarily be absent from the US for a maximum of one year. Note that
all trips abroad have to be temporary in nature, with a clear ending date.
> The situation is......based on the visa guys information I was going to
> stay in UK for Christmas and then head back to Florida,that would have
> put me just over 6 months in the UK,I have just spoken to a guy from UK
> who owns a property in Florida and also has a GC.....he tells me that
> he regulary exceeds 6 month absence from the USA,when he is asked[by
> immigration] at port of entry how long he has been out....he replies a
> couple of months SIR.....He says he has been doing this since 1992,he
> also says they[immigration] have no way of knowing how long someone has
> been out of USA,and that is why they ask......he says if they knew why
> would they ask.
Nowadays they know, because the airlines are required by law to transmit their
passenger manifests to DHS. That is all done electronically, and in particular
for arriving flights, DHS has it way before the flight lands. They even run that
through their no-flight databases, and if somebody they don't want is on the
flight, it gets diverted, which even makes the news (e.g., when former singer
Cat Stevens was on board earlier this year.)
> He has been out for more than 6 months before and told them 2 months and
> they say welcome home !!!!!
That eventually *will* fail. After 9/11, a lot of things changed. In particular,
they can now see on their terminals how long you've been out. And lying about it
is not a good thing to do...
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
>> Hi:
>> These questions are quite fact specfic. It is NOT just a matter
>> of time.
>
> Hi and thanks for everyones reply.
>
> OK, If it WAS just a matter of time...what would it be 6 or 12 months?
> as everything else concerning responsibilities in Florida are in
> order.,property,taxes,bank account, credit cards,etc
You can temporarily be absent from the US for a maximum of one year. Note that
all trips abroad have to be temporary in nature, with a clear ending date.
> The situation is......based on the visa guys information I was going to
> stay in UK for Christmas and then head back to Florida,that would have
> put me just over 6 months in the UK,I have just spoken to a guy from UK
> who owns a property in Florida and also has a GC.....he tells me that
> he regulary exceeds 6 month absence from the USA,when he is asked[by
> immigration] at port of entry how long he has been out....he replies a
> couple of months SIR.....He says he has been doing this since 1992,he
> also says they[immigration] have no way of knowing how long someone has
> been out of USA,and that is why they ask......he says if they knew why
> would they ask.
Nowadays they know, because the airlines are required by law to transmit their
passenger manifests to DHS. That is all done electronically, and in particular
for arriving flights, DHS has it way before the flight lands. They even run that
through their no-flight databases, and if somebody they don't want is on the
flight, it gets diverted, which even makes the news (e.g., when former singer
Cat Stevens was on board earlier this year.)
> He has been out for more than 6 months before and told them 2 months and
> they say welcome home !!!!!
That eventually *will* fail. After 9/11, a lot of things changed. In particular,
they can now see on their terminals how long you've been out. And lying about it
is not a good thing to do...
-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.