Go Back  British Expats > Living & Moving Abroad > USA
Reload this Page >

Permenant Legal Residence - Stay outside USA

Permenant Legal Residence - Stay outside USA

Old Dec 8th 2010, 1:07 pm
  #1  
Just Joined
Thread Starter
 
Joined: Aug 2010
Posts: 6
Jimmy100 is an unknown quantity at this point
Default Permenant Legal Residence - Stay outside USA

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
Jimmy100 is offline  
Old Dec 8th 2010, 1:24 pm
  #2  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,087
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Permenant Legal Residence - Stay outside USA

Originally Posted by Jimmy100 View Post
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.
Possibly. It depends on the circumstances. Each case of abandonment is individual, there's not just one rule.

What does the immigration law says in this situation ?
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
Noorah101 is offline  
Old Dec 8th 2010, 1:25 pm
  #3  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,867
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Permenant Legal Residence - Stay outside USA

Originally Posted by Jimmy100 View Post
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.
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.


What does the immigration law says in this situation ?
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
ian-mstm is offline  
Old Dec 8th 2010, 4:00 pm
  #4  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 43,718
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Permenant Legal Residence - Stay outside USA

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.
Rete is online now  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.