You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
away on RTD
- Thread starter ianyu
- Start date
as long it is valid.
ianyu said:hello, would anyone comment on how long it is ok to be away on RTD. anyone with longer trips experience? many thanks
ian
Lazerthegreat
Registered Users (C)
Although there are no guidelines for how long can you be away on RTD, I would highly suggest NOT to be away for more than 6th months. You will always be asked upon reentry that how long was your stay. And if you say 11 months and 29 days, this will raise serious concern.
All immigrants should limit their travel to 6 months or take advance payrole. OR wait until you become citizen.
All immigrants should limit their travel to 6 months or take advance payrole. OR wait until you become citizen.
Lazerthegreat is absolutely correct. Even being out of the country for 6 months as an Asylee jeopardizes your status. You should really wait until your greencard to attempt to be out for a maximum of 6 months - and wait for your citizenship before you would stay out of the country more than 6 months.
There is A LOT of negative focus on immigrants (refugees/asylees) and you ought to be careful.
Good Luck.
There is A LOT of negative focus on immigrants (refugees/asylees) and you ought to be careful.
Good Luck.
guessing is nice, but...
The only jeopardy to lose any kind of privileges as an asylee is to be out of the country for more than 1 (one) year (1 year and 1 day) and / or more than 3 (three) years of the last five (5) years. You have a validity of a Travel Document of one year and this is what matters and what you are entitled to!! All those (“absolutely right”) opinions about maybe six months max or whatever are baseless. If you have, for example, your post doctorial year at Sorbonne, you can stay there your 11 months ++ and none would take away your privileges from you.
The only jeopardy to lose any kind of privileges as an asylee is to be out of the country for more than 1 (one) year (1 year and 1 day) and / or more than 3 (three) years of the last five (5) years. You have a validity of a Travel Document of one year and this is what matters and what you are entitled to!! All those (“absolutely right”) opinions about maybe six months max or whatever are baseless. If you have, for example, your post doctorial year at Sorbonne, you can stay there your 11 months ++ and none would take away your privileges from you.
Lazerthegreat
Registered Users (C)
You have a green card valid for 10 years Sir... Can you stay out of the country for 10 years for your post doctoral whatever?????
apples and oranges
apples and oranges, dir Sir. you may stay abroad for a year (minus one day, to be sure) with RTD, you may stay abroad for two years (minus one day, to be sure) if you have Advance Parole and more than two years with Advance Parole if you obtained returning resident visa prior to returning.
at the other hand you may go to Canada and decide to stay, get the residence after seven (7) days or in China if you wish, after one day and you'll lose your residence in the USA much sooner than ten, seven or one year. moreover, some have green cards valid for 2 years (conditional resident status) etc.
do NOT confuse people. every situation is different. however, if someone has a valid Travel Document for a year she or he could stay abroad for that year. if someone, at the other hand, want to "cheat" and to "keep" his or her residence in the US while married, employed or whatever abroad that is completely different ball game and he or she should be aware of the consequences.
everyone with RTD, green card, asylum or any other valid immigrant status in the US should use his or her privileges reasonably and without the fear and in bona fide and it would be no problems whatsoever.
apples and oranges, dir Sir. you may stay abroad for a year (minus one day, to be sure) with RTD, you may stay abroad for two years (minus one day, to be sure) if you have Advance Parole and more than two years with Advance Parole if you obtained returning resident visa prior to returning.
at the other hand you may go to Canada and decide to stay, get the residence after seven (7) days or in China if you wish, after one day and you'll lose your residence in the USA much sooner than ten, seven or one year. moreover, some have green cards valid for 2 years (conditional resident status) etc.
do NOT confuse people. every situation is different. however, if someone has a valid Travel Document for a year she or he could stay abroad for that year. if someone, at the other hand, want to "cheat" and to "keep" his or her residence in the US while married, employed or whatever abroad that is completely different ball game and he or she should be aware of the consequences.
everyone with RTD, green card, asylum or any other valid immigrant status in the US should use his or her privileges reasonably and without the fear and in bona fide and it would be no problems whatsoever.
Lazerthegreat said:You have a green card valid for 10 years Sir... Can you stay out of the country for 10 years for your post doctoral whatever?????
I'm sorry but that made absolutely no sense....
How are the immigration officers supposed to know which scenario is bona fide and which one is not?
Why does it quote on the new Immigrant Handbook published by USCIS that Permenant Residents should not stay out for more than 6 months? Or that if they stay more than 1yr they risk the chance of being classified as having abandoned their residence?
I do agree on one thing... Each person should make up his or her mind. I think we all know what feels right and what doesn't.
How are the immigration officers supposed to know which scenario is bona fide and which one is not?
Why does it quote on the new Immigrant Handbook published by USCIS that Permenant Residents should not stay out for more than 6 months? Or that if they stay more than 1yr they risk the chance of being classified as having abandoned their residence?
I do agree on one thing... Each person should make up his or her mind. I think we all know what feels right and what doesn't.
Yes, it does!
LolaLi,
It does say so in the “Immigration Handbook”,
and in the “Citizenship procedures and eligibility” and even right here in the instruction to I-131:
http://uscis.gov/graphics/formsfee/forms/files/I-131.pdf
“If you intend to apply in the future for naturalization,
absences from the United States for one year or more
will generally break the continuity of your required
continuous residence in the United States. If you
intended to remain outside the United States for one
year or more, you should file a Form N-470, Application
to Preserve Residence for Naturalization Purposes. For
further information, contact your local CIS office.”
LolaLi said:Why does it quote on the new Immigrant Handbook published by USCIS that Permenant Residents should not stay out for more than 6 months? Or that if they stay more than 1yr they risk the chance of being classified as having abandoned their residence?
LolaLi,
It does say so in the “Immigration Handbook”,
and in the “Citizenship procedures and eligibility” and even right here in the instruction to I-131:
http://uscis.gov/graphics/formsfee/forms/files/I-131.pdf
“If you intend to apply in the future for naturalization,
absences from the United States for one year or more
will generally break the continuity of your required
continuous residence in the United States. If you
intended to remain outside the United States for one
year or more, you should file a Form N-470, Application
to Preserve Residence for Naturalization Purposes. For
further information, contact your local CIS office.”
jackdanie7
Registered Users (C)
A permanent residence will disrupt their continuous residence if he is away from the U.S. 6 months or longer. He will have to wait all over again to be eligible for citizenship. You can find this information on uscis website under a guide to naturization.
If you are not a PR yet, I don't see how staying away more than 6 months is going to affect you - as long as you have a valid RTD and advance parole if you plan to stay abroad for a longer period.
If you are not a PR yet, I don't see how staying away more than 6 months is going to affect you - as long as you have a valid RTD and advance parole if you plan to stay abroad for a longer period.
Last edited by a moderator:
jackdanie7
Registered Users (C)
Here's the link. Pg 22.
http://uscis.gov/graphics/services/natz/English.pdf
http://uscis.gov/graphics/services/natz/English.pdf
few more cents
your post is very helpful, jackadnie7, thank you!! however there are lot of people not fully aware how all this immigration maze works ergo I believe we shouldn’t give them definite statements like "will disrupt ... residence". this is not so clear, those 6 months, because you have the requirement NOT to be away from the US more than 3 years during 5 years! the requirement for not staying abroad more than 1 year still stands (not six months).
however, you may stay abroad for more than a year if you have applied (and received an approval) for Application to Preserve Residence for Naturalization Purpose, Form N-470!!
this is great country no matter how frustrating sometimes our situations might be! there is a solution for everything if you play by the rules and follow them.
however, do NOT forget, this discussion concerns asylees and RTD holder, NOT permanent residence. I just hate to see people confused…
your post is very helpful, jackadnie7, thank you!! however there are lot of people not fully aware how all this immigration maze works ergo I believe we shouldn’t give them definite statements like "will disrupt ... residence". this is not so clear, those 6 months, because you have the requirement NOT to be away from the US more than 3 years during 5 years! the requirement for not staying abroad more than 1 year still stands (not six months).
however, you may stay abroad for more than a year if you have applied (and received an approval) for Application to Preserve Residence for Naturalization Purpose, Form N-470!!
this is great country no matter how frustrating sometimes our situations might be! there is a solution for everything if you play by the rules and follow them.
however, do NOT forget, this discussion concerns asylees and RTD holder, NOT permanent residence. I just hate to see people confused…
jackdanie7 said:A permanent residence will disrupt their continuous residence if he is away from the U.S. 6 months or longer. He will have to wait all over again to be eligible for citizenship. You can find this information on uscis website under a guide to naturization.
If you are not a PR yet, I don't see how staying away more than 6 months is going to affect you - as long as you have a valid RTD and advance parole if you plan to stay abroad for a longer period.
hampton8844
Registered Users (C)
jackdanie7 said:A permanent residence will disrupt their continuous residence if he is away from the U.S. 6 months or longer. He will have to wait all over again to be eligible for citizenship. You can find this information on uscis website under a guide to naturization.
If you are not a PR yet, I don't see how staying away more than 6 months is going to affect you - as long as you have a valid RTD and advance parole if you plan to stay abroad for a longer period.
Advance Parole has nothing to do with asylees or refugees.