5 month stay out of US - how big an issue?

[mohitsharma5]

I got my Green Card in June 2007. I will be living in US 95 % of the time till next 4 years which is till June 2011(max three 1 month overseas trips).
I want to leave US for 5 months in end of 4th year(May - June 2011) and I will stay in my home country for no hard reason.

How big will that be an issue for USCIS? Also the 'one should not leave US for more then 6 months' rule is related to any date?

 

[Triple Citizen]

It should not be a big issue seeing your travel pattern. It will be just one 5 month trip right?

How big will that be an issue for USCIS?

 

[mohitsharma5]

Hi

Yes just one 5 month trip. Is the 6 month stay in usa/year related to any date?
Also will it be ok, if i break my rental lease?

Thanks

 

[richmondva]

Hi

Yes just one 5 month trip. Is the 6 month stay in usa/year related to any date?
Also will it be ok, if i break my rental lease?

Thanks

To be on the safe side you will have to maintain your apartment here and keep residential ties with the US. Also, file your tax returns as a resident, keep all documents such as utility/phone bills, bank/credit card statements, leases, tax returns etc to show your US residency/ties. Besides you are not allowed to take up any job overseas or become a student during this time. If you satisfy all these criteria you should be fine in my opinion.

 

[cafeconleche]

He's allowed to be a student. He's legally not allowed to take up employment abroad, though.

 

[TheRealCanadian]

He's allowed to be a student. He's legally not allowed to take up employment abroad, though.

There's no law against taking up employment abroad, and that fact alone doesn't automatically constitute abandonment of residency.

 

[Triple Citizen]

6 months in any 12 month rolling window.

Is the 6 month stay in usa/year related to any date?

 

[Hannah7]

Besides you are not allowed to take up any job overseas or become a student during this time. If you satisfy all these criteria you should be fine in my opinion.

Well, why one can't take up a job or be a student abroad?

I assumed that if one stays 6+ months in the America then he/she is OK. I believe I can freely work in Europe for less than 6 months a year and pay taxes in the U.S.

How about students? Scholarships are costly in America. What if I wanna go doing my masters degree to another country? If it's, say, 2 years program, I can get a reentry permit and go for it. Can't I ?

My belief tells me that one is good to be both foreign employed or student if such activity is temporary in nature (up to 6 months or 24 months with reentry permit).

Am I wrong?

 

[Triple Citizen]

Yes, if you get you REP, sure.

How about students? Scholarships are costly in America. What if I wanna go doing my masters degree to another country? If it's, say, 2 years program, I can get a reentry permit and go for it. Can't I ?