studying abroad as permanent resident

[rubenhan]

Hi,
I have been a permanent resident in the US for the last 6 years. Currently, I am studying abroad in Korea for one term. After enjoying my stay here so much, I am considering to stay one more term. But before making such decision, I would like to consider the legal issues. I will contact an attorney personally as well, but I thought an answer from this forum could help me also

1) I heard that if I stay outside of the US for more than six months with out a reentry permit, my green card can expire. Is this true?

2) Then, does this mean that if I go back to the US in less than six months and come back out, I would have no problem?

3) I think the answer for 2) is yes. Assuming that I would have problem, does simple acquisition of reentry permit will protect my status?

4) WIll this study abroad for around 8 months affect my naturalization process later? I'm afraid if I have to stay another 5 years to be eligible for naturalization.

5) Not only I studied abroad this year, I also have traveled extensively during summer (1 month in India, then came back home, then went to Canada for a week, then came back home, then stayed for 1 month, then went to Korea to study abroad) Should I factor this in somehow?

I'm sorry for so many questions, but I want to clarify my legal issues before I actually decide to stay.

Thank you.

Ruben

[gunt]

Originally Posted by rubenhan

Hi,
I have been a permanent resident in the US for the last 6 years. Currently, I am studying abroad in Korea for one term. After enjoying my stay here so much, I am considering to stay one more term. But before making such decision, I would like to consider the legal issues. I will contact an attorney personally as well, but I thought an answer from this forum could help me also

1) I heard that if I stay outside of the US for more than six months with out a reentry permit, my green card can expire. Is this true?

2) Then, does this mean that if I go back to the US in less than six months and come back out, I would have no problem?

3) I think the answer for 2) is yes. Assuming that I would have problem, does simple acquisition of reentry permit will protect my status?

4) WIll this study abroad for around 8 months affect my naturalization process later? I'm afraid if I have to stay another 5 years to be eligible for naturalization.

5) Not only I studied abroad this year, I also have traveled extensively during summer (1 month in India, then came back home, then went to Canada for a week, then came back home, then stayed for 1 month, then went to Korea to study abroad) Should I factor this in somehow?

I'm sorry for so many questions, but I want to clarify my legal issues before I actually decide to stay.

Thank you.

Ruben

Here are the requirements to maintain your GC:

You may be found to have abandoned your permanent resident status if you:
* Move to another country intending to live there permanently.
* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Fail to file income tax returns while living outside of the US for any period.
* Declare yourself a “nonimmigrant” on your tax returns.


Here are the requirements for citizenship:
# has been lawfully admitted for permanent residence
# has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
# has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
# has resided within a state or district for at least three months

[bashar82]

I think they make exceptions for studying abroad. But talk to your lawyer. Also, apply for a re-entry permit.