How long can I stay outside US

I

ItsoFototo

Registered Users (C)
Hi everybody,

I won the lottery and got my GC in August, 2009. I understand that I can apply for citizenship 5 years after I got the GC, if I have stayed in the US for at least 30 months total. Also, each time I leave the US, I can be absent for no more than 6 months at a time, otherwise I have to start the 5 year wait period all over again. Unfortunately, my father, who lives in my home country, fell ill and my family needs me there. So, I have spent 4 months already outside of US. It looks like I'll have to be there for a period longer than 6 months. I'm thinking, maybe I can come back to US before the end of the 6th month, stay in US for a 2-3 weeks and then leave again. Would that work?

Thanks.
 
As name said, it might work one more time. However, to safeguard your interests, you should retain the house/apartment in US and continue to pay rental/mortgage while you are away. This will demonstrate that you did not intend to abandon your residence. They may not look into it if it is just one trip, but this will be helpful if you end up staying longer.
 
Let me give you some more info, so you can have a better idea.

I got my GC in Aug, 2009. I went back to my home country in Nov. 2009 for 4 months. Then I spent 8 months in the US. Now, I'm in my home country again, for a second time, and I'm planning to return to US before the end of the 6th month. I'll stay in US for 3 weeks and then come back to home country again. I'm not doing this for fun. My father is very ill and I have to be with my family.

I can't get a reentry permit, because I'm already outside of US. I can only get it in US, right?

I still have my room in US, but I'm not paying rent while I'm gone (I don't own it, only rent). I still have my job, but I'm a freelancer (not on a regular payroll). And I'm single.

Before I got my GC, I lived in US for 10 years and I haven't gone anywhere outside.

I thought as long as I have 30 months total in 5 years, and every trip less than 6 months long, I'd be ok.

All of your suggestions will be highly appreciated.
 
If you come back for just 3 weeks and then leave again for several months, it's pretty easy for an examiner to declare that you've broken continuous residence.
 
Learn about your rights and responsibilities at: http://www.uscis.gov/portal/site/us...nnel=f3f43a4107083210VgnVCM100000082ca60aRCRD

Especially see http://www.uscis.gov/files/nativedocuments/M-618.pdf on page numbered as 10 but is 20 on the pdf.

Keep Your Immigration Status

Permanent residents who leave the United States for
extended periods, or who cannot show their intent to
live permanently in the U.S., may lose their permanent
resident status. Many immigrants believe they can live
abroad as long as they return to the U.S. at least once a
year. This is incorrect. If you think you will be out of
the U.S. for more than 12 months, you should apply for a
re-entry permit before leaving the country.You should
file Form I-131, Application for a Travel Document.You
can get this form at http://www.uscis.gov or by calling
the USCIS Forms Line at 1-800-870-3676.You must pay
a fee to file Form I-131.

A re-entry permit is valid for up to two years.You may
show the re-entry permit, instead of a visa or your
Permanent Resident Card, at a port of entry. Having a
re-entry permit does not guarantee that you will be
admitted to the United States when you return, but it
can make it easier to show that you are returning from
a temporary visit abroad. Visit http://www.state.gov or
your nearest Department of State Consular Office overseas
for more information.
 
Thanks for your replies again. I understand that it's best to get the reentry permit, but I'm not in the US right now. If I come back and apply for the permit, I guess I have to wait for 3 months, at least, to get it. My family needs me now. What, the officers wouldn't care that a son wants to be on his father's side when his dying? Is it not clear enough, of my intention to live in the US, the fact that I've lived in the US for 12 years already and I haven't traveled at all for 10 years?

One more question: Which one would be better, to come back to US before the end of the 6th month, stay there for 3 weeks and go back to home country for few more months, or just stay in home country and come back to US before the end of the 12th month? Or is it equally bad? I guess, if I stay for more then 6 months, my 5 year period for citizenship will start over again (if they don't take my GC away, of course). I wish there was more specific rules on how long you can be absent and not leave it up to a single officer to decide.
 
It would be fine for you to come back to USA for a shorter period of time before the time limit of 6 months is about to get over and then apply to go back to your home town. May be that would be convenient and work for you.
 
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i have been out for 3 years can?

Hi, my problem is that i have been out for 3 years sense 2008. i lived in the usa for 16 years. i want to go back. i left because family maters but didn't know about re inter permite. now they say once you out you cant apply for a re enter permite so what can i do?can i try to go back with my green card and tell the truth once i am in fron of the imigration officer? or should i lie and say i left 3 weeks ago?
what should i do? i dont want to lose my card the usa is my home for a long time. my only mistake is that i didn't apply for my citizenship:( so please anyone have an idea?thanks
 
stephaneg said:
Hi, my problem is that i have been out for 3 years sense 2008. i lived in the usa for 16 years. i want to go back. i left because family maters but didn't know about re inter permite. now they say once you out you cant apply for a re enter permite so what can i do?can i try to go back with my green card and tell the truth once i am in fron of the imigration officer? or should i lie and say i left 3 weeks ago?
what should i do? i dont want to lose my card the usa is my home for a long time. my only mistake is that i didn't apply for my citizenship:( so please anyone have an idea?thanks
Click to expand...

You lived in the U.S. for 16 years. Did you come as a child? Did your parents naturalize before you turned 18? Explore to see if you derived citizenship.

IF not a USC, you would have a possibility to apply for an SB-1 Returning Resident visa at the Consulate. It is not easy but it is a possibility.
 
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