LPR and time abroad
Sep 18th 2018, 6:04 pm
#1
Forum Regular
Thread Starter
Joined: Jun 2016
Posts: 112
LPR and time abroad
I have immigrated to the USA two months ago and became a LPR (single and no kids). I have got my actual green card a few weeks ago.
In the next future (late 2018 and 2019), I may have to go back to my home country (Italy) and spend a few months there, possibly 4-6 months, for health and family reasons. I plan to keep the house I am renting and living in the USA while I am abroad.
Does this time spent abroad put me at risk of being denied admission once I return back to the USA, especially considering that I have come here just 2 months ago?
In the next future (late 2018 and 2019), I may have to go back to my home country (Italy) and spend a few months there, possibly 4-6 months, for health and family reasons. I plan to keep the house I am renting and living in the USA while I am abroad.
Does this time spent abroad put me at risk of being denied admission once I return back to the USA, especially considering that I have come here just 2 months ago?
Sep 18th 2018, 7:08 pm
#3
Concierge
Joined: Apr 2001
Posts: 46,382
Re: LPR and time abroad
Doubtful. My suggestion would be if you find that you are outside of the US for more than eight months at one time, see about getting a returning resident visa from the US Consulate. Retaining a residence in the US, no job obviously but bank accounts, utility accounts, and open credit cards, will show that you have not abandoned your LPR status if the officer at the POE refers you to an immigration judge. One issue is that if you are out for a year or more you will might be resetting your naturalization clock. Hope your health issues are minor.
Sep 24th 2018, 4:05 pm
#5
BE Commentator
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,419
Re: LPR and time abroad
By regulation, an I-551 card is a valid "re-entry permit" valid for one year from the date of last departure.
The mother cases on abandonment of LPR status are
Matter of Kane and Matter of Huang. These case may now be a tad old -- but they are good law.
It is a fairly common pattern for people to immigrate on an immigrant visa [aka "activate" in forum-speak misnoemer] and then depart to take care of remaining affairs back in the old country. [It is a good idea to avoid the term "home country"].
I disagree with Rete re a returning resident visa [SB-1]. Prior to departure, it is possible to get on record with USCIS of intent to return to the United States by filing of an I-131 application for a "reentry permit." They are taking a long time to process these days, but it is a good idea to file and not depart until the biometric appointment.
The mother cases on abandonment of LPR status are
Matter of Kane and Matter of Huang. These case may now be a tad old -- but they are good law.
It is a fairly common pattern for people to immigrate on an immigrant visa [aka "activate" in forum-speak misnoemer] and then depart to take care of remaining affairs back in the old country. [It is a good idea to avoid the term "home country"].
I disagree with Rete re a returning resident visa [SB-1]. Prior to departure, it is possible to get on record with USCIS of intent to return to the United States by filing of an I-131 application for a "reentry permit." They are taking a long time to process these days, but it is a good idea to file and not depart until the biometric appointment.
