Being Aboard For More than 2 Years after GC

S

spacedoc

Registered Users (C)
My employer is applying for a GC for me, and I expect to receive the notificiation within the next two months. Meanwhile, however, an opportunity has come up that will allow me to pursue a PhD in medicine aboard. I understand that being a Permanent Resident by definition implies that the individual is not supposed to be away from the United States for more than six months. Even Return Resident Permit has a restriction of two years, and it is for something that is out of the control of the PR. Now, I do hope to return to the United States after receiving my PhD. However, since the degree program is expected to last for five years, does it mean I am giving up my GC if I decide to take this opportunity to study aboard?

Thanks for your advice.
 
I don't know if this will work, but this is something to consider and ponder over:

A re-entry permit is valid for 2 years from the date of issue. INS (or what ever the new name is) takes a minimum of 1 year to process the application. So if a person applies for the permit and then goes overseas for what he/she wants to do, comes back for say christmas here (after 11 months total stay overseas) and then leaves after a month or so. Then the person receives reentry permit at an overseas US consulate, that takes a person for another 2 years (3 years cumulative). Person comes back within the validity of the first reentry permit, and then applies for a new reentry permit, and goes back overseas once again. This time the person stays the full 2 years. He/she can come back in 2 years time (cumulative 5) for good. INS however will issue a only 1 year permit if a person has been overseas 4 of the last 5 years. In this case since at the time of application of the second reentry permit person will not have completed 4 years, it might work.

I don't know if it will work, it is worth a try, however you could give it a try! And ofcourse nothing like consulting an immigration lawyer. There may be other pitfalls which I am unaware of.

4 years is not a problem. My son is doing it at the moment. He is pursuing his college education in Australia, and visits me during Christmas and avoids staying more than 12 months overseas. So he could probably not even break the continuity for his citizenship period either.
my 2USc worth (worth less each day!).
 
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My son is doing it at the moment. He is pursuing his college education in Australia, and visits me during Christmas and avoids staying more than 12 months overseas. So he could probably not even break the continuity for his citizenship period either.
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Not sure if there is a clause for going abroad for education,
but as far as I understand to meet the continuous residency
requirement, one ought to be in the US for more than 6 months
in a year under normal circumstances. Also there is a requirement
to have spent 2.5 years out of those 5 years within the country.

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my 2USc worth (worth less each day!).
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:)
 
There is no such law that you have to be in the us for at least 6 months per year to keep your GC. However, if you are away for more than 6 months per single trip, you normally break the continuity requirements unless you can provide evidence that you did not abandon your GC.
 
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