A frequent question is how much time can yous stay outside of America if you are a lawful permanent resident? 6 months? 180 days? 1 year? and what are the consequences? I discuss that in this video.
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Amarji asks: “How many months can we stay outside United
States if I’m a
Green Card holder?”
Sure, Okay.
Let me get into that question a bit.
So how many months can a person stay outside of the United States
if they’re a Green Card holder?
It depends on the officer
that you’re dealing with
when you enter
the United States.
First of all, they could be strict, they could be not strict and it depends
on how much you care about citizenship because the absences
could be a problem.
But the first date that becomes a problem is if you’re outside
the United States for more than 180 days. Because if you’re
outside for more than 180 days, when you’re re-entering,
the officer of the border could question you about the underlying
status that you have, get into your finances and see if you’re
a public charge and they have the authority to really question
you and create
problems for you.
Do they do that typically?
No, they don’t do that.
So I’m not too worried about that in most cases unless you’re
constantly outside the United States about a period of time
if you are going to be outside, the United States frequently, just
apply for what’s called
a re-entry permit.
And that would give you up to two years outside the United
States most of the time without a problem. They could still hassle
you but they typically don’t.
What you really don’t want
to be out of is more than a year because if you’re absent for
more than a year, that’s an assumption that you’ve abandoned
your status and they could take your Green Card away and
send you to removal proceedings for a judge to make a final
determination.
Now in practice,
I see people all the time staying outside U.S. for six months
or a year, hasn’t been a problem, but it can be so it’s something
you can should be prepared for. Can’t guarantee
you’ll be fine, but getting the re-entry permit is the thing
to do in that situation.
So the things I talked about right now are about maintaining
the Green Card
not losing your Green Card.
Now, if you’re outside the United States for more than 6
months, more than a year,
frankly
If you’re frequently out for four or five month periods,
that could be a problem for applying for naturalization or
citizenship. So that issue
could exist as well.
So there’s the idea of maintaining it to worry about maintaining
and keeping your Green Card and then their citizenship and
applying for that soon as possible, both are affected in
different ways and don’t…
both have different things to protect
that and ways to show that
you really are not abandoning
your residence in the United States. Maybe like keeping a
house here, keeping a job here, keeping family, property
there’s a lot of other things that just really goes into consulting with
an immigration attorney to check out your unique circumstances,
but that’s the long answer and then it could be longer.
I’m going to keep it short because of this conversation but
these are things we need to talk with a lawyer to be safe
about or not.
Whichever you prefer, but that’s the situation there
the answer to that question.
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