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As Green Card Holder, how long you can you stay outside of the US?

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  • As Green Card Holder, how long you can you stay outside of the US?

    Hi there,

    As Green Card Holder, how long you can you stay outside of the US without using your residency?

    a) I read somewhere that you can stay out side for maximum of one year?
    b) I also read somewhere that you can stay out side for maximum of six months?

    Which is correct?

    Assuming a) is correct, does this meant that:

    i) I can stay outside for maximum of one year on each of my trips to my home country?
    ii) or I can stay out side of USA (all trips combined) for maximum of one year until I get my US citizenship? Which would means, that all my trips outside the USA (as Green Card Holder), should be in total less than one year.

    Thanks for your help,
    Mah










  • #2
    Hi Member,
    Please see my response below.
    a) I read somewhere that you can stay out side for maximum of one year?
    Answer: More than 180 days will make some problem which means you may have questions from CBP officer at the time of port of entry. If you stay abroad more than one year and less than two years then you will need reentry permit.
    b) I also read somewhere that you can stay out side for maximum of six months?
    Answer: Yes. Maximum 180 days will not make much problem.

    i) I can stay outside for maximum of one year on each of my trips to my home country?
    Answer: There is no argument about each time or single time. But I am sure, if you have multiple transaction on travel then it will affect for your next step which is naturalization.
    ii) or I can stay out side of USA (all trips combined) for maximum of one year until I get my US citizenship? Which would means, that all my trips outside the USA (as Green Card Holder), should be in total less than one year.
    Answer: There is no much clarity. But, I can share court statement about this. I hope this statement will help you to understand better.
    we hold that a permanent resident returns from a “temporary visit abroad” only when (a) the permanent resident’s visit is for “a period relatively short, fixed by some early event,” or (b) the permanent resident’s visit will terminate upon the occurrence of an event having a reasonable possibility of occurring within a relatively short period of time. If as in (b), the length of the visit is contingent upon the occurrence of an event and is not fixed in time and if the event does not occur within a relatively short period of time, the visit will be considered a “temporary visit abroad” only if the alien has a continuous, uninterrupted intention to return to the United States during the entirety of his visit.
    Thanks

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