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6 months in a year to keep GC ?

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  • 6 months in a year to keep GC ?

    Is this true?

    To keep greencard, the person must reside in the U.S. for a minimum number of days(182 days) per year.

    I could not find relevant information on ins.gov.

    Please help. Thanks in advance
    Don't judge me, just answer the question

  • #2
    To be safe, you must be out of the US for less than 6 months each time.
    You are "allowed" for up to 1 year, more than that will cause your GC to be cancelled. However, more than 6 months might require you to explain why you where out for so long, show intention to come back (work, assests, school etc.).

    If you file a form before leaving, you can stay out for up to 2 years. Therefore, it is a good idea to do that if you know you will be out for more than 6 months.

    Please note the requirements for citizenship require you to wait 5 years, and for each one of these to be in the US for more than 6 months.

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    • #3
      more than 6 months

      Can somebody tell me what form is that? Also, does the whole family need to come back to US after 6 months?

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      • #4
        Re: more than 6 months

        Not legal advise:
        each and every immigrant.
        I think it is I-131

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        • #5
          Reentry Permit

          Abu,

          I am not sure if the form u r talking about is I-131. I think the form for reentry permit is I-327, and is not availabe for direct download from INS website. However, you can send them a request to mail it to you.

          Niks

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          • #6
            a Myth

            This is a popular myth, but entirely wrong.
            There is no 182 or 183 day rule. This timeframe applies to filing a resident tax return.
            If you take up residence outside the US, you immediately lose your GC. Not time delay there.
            If you continue to keep your residence in the US, you may travel abroad without problems for 6 months (to be exact, the limit is 180 days).
            If you stay outside the US for more than 180 days, but less than 1 year, you seek admission to the US again, with all the grounds of exclusion (e.g., public charge, terrorist activities,...). Also, you may be asked to provide evidence that you still have your residence in the US. Rent bills, morgage payments, filing a residence tax return are ways to show that. In fact, INS is very suspicious if you file a non-resident tax return.
            If you stay abroad for over 1 year, you lose the GC, unless you applied for a reentry permit *before* you left. You apply for a reentry permit with form I-131.

            -JoeF

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