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Can I stay outside of US for more than 6 months in a year?

Discussion in 'Life After The Green Card' started by Immi2001, Sep 13, 2002.

  1. Immi2001

    Immi2001 Registered Users (C)

    With just green card, can I stay outside of US for more than 6 months in a calendar year?

    I've heard that if staying outside of US for more than a year, you need to apply for reentry permit? How about between 6 months and a year?

    If the 6 months limitation per year is true, can I link two 6 month-period together? (for example the 2nd half of this year and the 1st half of next year).

    Thanks a lot

    immi2001
  2. baikal3

    baikal3 Registered Users (C)


    This is a good rule of thumb, but technically it is not quite correct.
    See the thread
    http://www.immigrationportal.com/showthread.php?s=&threadid=57923 below for a more detailed discussion.

    If you are absent from the US for more than a year without obtaining a re-entry permit, you do not automatically loose your PR status. However, you cannot re-enter the US simply by using the plastic GC card. You would need to first obtain a returning resident visa from a US consulate abroad. And for that you would need to convince them that your temporary stay abroad was due to some unavoidable circumstances beyond your control (like a family medical emergency), that you maintained a constant intent to return and did not relinquish your PR status etc
    Last edited by a moderator: Sep 14, 2002
  3. brb2

    brb2 Registered Users (C)

  4. baikal3

    baikal3 Registered Users (C)

    JoeF,

    The law you quoted relates to the expiration of a plastic card as a valid document for re-entry, not to the expiration of the PR status. These is a very substantial difference (as there is a difference between the validity of a non-immigrant visa and the validity of a non-immigrant visa status).


    The PR status does not automatically expire if you are out of the country for more than a year without obtaining a re-entry permit.
    However, the validity of the plastic card as a re-entry document does expire.
    See the link provided by bb2 in this thread for the detailed info on the law.

    Of course, you are absolutely right that in practice most people who stayed out of US for more than a year without a re-entry permit will not qualify for a returning resident visa and hence will loose their PR status.
    Last edited by a moderator: Sep 14, 2002
  5. baikal3

    baikal3 Registered Users (C)

    Hmmm, you are probably right....

    The laws regarding the PR status are rather convoluted (all this "special immigrant" business, for example).

    I am sure glad that I got my reentry permit, so that I won't have to worry about this issue.
  6. sept2001

    sept2001 Registered Users (C)

    So what should one do to stay more than 6 months and less than 1 year

    Will some one help - Please..

    1. My wife (recd GC as my dependant) may be leaving for India to take up educational course (11 months duration) and can be back in about 11 months. What are the steps we should take?

    2. Is it advisable to travel to India, return to the US with in 180 days, stay in the US for 10 days - travle to India and again come back with in 180 days. What all rules apply in this case?

    3. Is it advisable to file a reentry permit in this case? - the stay outside the US will be only 11 months for sure.

    4. Is taking up education (similar courses are offered here) outside the US a valid reason for being outside the US?

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