Jimmy100

Hello,

I am a permanent legal resident in USA. I need to stay outside of USA for family reasons for longer then 6 months.

My question is if i were to stay out for longer then 6 months like 7-8 months, would it be an immigration issue for me to get back into the country.

What does the immigration law says in this situation ?

Jimmy

Noorah101

Possibly. It depends on the circumstances. Each case of abandonment is individual, there's not just one rule.

You probably want to have a 1-time consultation with an immigration attorney who can tell you what the law says and what the consequences are. In the meantime, have a look at the USCIS Guide to Naturalization (which does not cover the issue of abandonment, but discusses how being away over 6 months might affect your future naturalization).

Rene

ian-mstm

Not likely, no. As a PR, if there is any question about whether or not you have abandoned your status, you have the right to a hearing in front of an immigration judge. If that happens, you will most likely be parolled into the US until the hearing.


Your GC remains a valid travel document up to one year outside the US. You need to know that if you are considering naturalization, the clock stops if you're out of the country for 6 months or more.

If you're at all concerned, file for a reentry permit (form I-131) before you leave, but remain in the US long enough to have biometrics done. After biometrics are done, you are free to leave... and when the permit comes, have someone send it to you overseas. The permit helps to demonstrate that you intend to return to the US to continue your residency.

Ian

Rete

Ian has hit the nail on the head.

Abandonment is the issue, not the length of time outside of the US. You can be deemed to have abandoned residency being gone one week.

Safeguard yourself and spend the money for the I-131. Be sure that you retain your bank accounts, house/apartment, etc. while you are gone. It all helps to show proof of intent to return.