I read on this forum that a green card holder had only a few weeks US stay per year for 13 years and had no problem. I also read that there is some specific per year(?) travel limit or they loose the green card at the border. How is this? Can you please clarify? Thanks.
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.
How many days and how often can a GC holder spend outside the US?
- Thread starter waterguy
- Start date
This seems to be the information that you are intersted in.
An LPR is never required to seek naturalization but if (s)he does desire it, the first thing to do is not loose LPR status.
FROM CBP website:
"I am a lawful permanent resident of the U.S., can I leave the U.S. multiple times and return?
If you are a lawful permanent resident (green card holder), you may leave the U.S. multiple times and reenter, as long as you do not intend to stay outside the U.S. for 1 year or more.
If you intend to stay outside the U.S. for 1 year or more, you must apply for a re-entry permit with U.S. Citizenship and Immigration Services (USCIS) prior to leaving the U.S. Re-entry permits are generally valid for 2 years from the date of issuance. Therefore, if you are outside of the U.S. longer than the date the permit was issued, you may be denied entry into the U.S.
To apply for a re-entry permit, you must file an Application for a Travel Document (I-131) with the USCIS. If you applied for permanent resident status, but are not yet officially a lawful permanent resident "green card holder" and you need to leave the U.S. on emergency, you must apply for and receive advance parole to leave the U.S. by filing a I-131 with USCIS. Information on how to file the I-131 is available on the USCIS Website.
If you are required to file documents prior to leaving the U.S., it is imperative that you do so, otherwise, you may be found inadmissible and denied reentry into the U.S. [This may lead to the completion of a form I-407, by the CBP Officer, in order to document abandonment/relinquishment of LPR status.]
If you are a green card holder and you do not stay outside the U.S. for 1 year or more, you should have either your green card (Form I-551), or your returning resident (SB-1) visa to re-enter the United States. You are not required to present your unexpired passport, however it is not a bad idea to carry it with you."
Presenting an expired greencard at a land or sea port of entry will cause delays and referral for secondary inspection and possibly deferred inspection after that.
Generally, an international air or sea carrier would refuse boarding if presented with an expired greencard unless you have a boarding letter or SB-1 visa also. A valid passport is required for non-contiguous travel or you would be denied boarding.
Certain cruises originating from and returning a U.S. port may be less strict.
*******************************************************************************************************************
The basic requirements for the vast majority of naturalization applicants need only be satisfied within the final 5 years prior to filing an N-400, Application for Naturalization. The statutory period is only 3 years if all of that 3 years has been while married to and generally living with a USC spouse.
Certain factors prior to the "statutory period" may have an impact on naturalization eligibility, especially in determining good moral character (GMC). Look to some other thread for GMC info. A very late detection of initial entry fraud and possible initiation of Removal Proceedings can be a devasting result of filing for naturalization.
Physical presence within the U.S. is required to be equal to at least one half of the statutory period upon the filing date of the N-400. Continuous residence is a different requirement discussed below in the cited regulation.
Residence for general naturalization purposes:
8 CFR 316.5
(c) Disruption of continuity of residence —(1) Absence from the United States —(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under §316.2 (a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence:
(A) The applicant did not terminate his or her employment in the United States;
(B) The applicant's immediate family remained in the United States;
(C) The applicant retained full access to his or her United States abode; or
(D) The applicant did not obtain employment while abroad.
(ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with §316.5(d), absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under §316.2 (a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicant's return to the United States to resume permanent residence.
(2) Claim of nonresident alien status for income tax purposes after lawful admission as a permanent resident. An applicant who is a lawfully admitted permanent resident of the United States, but who voluntarily claims nonresident alien status to qualify for special exemptions from income tax liability, or fails to file either federal or state income tax returns because he or she considers himself or herself to be a nonresident alien, raises a rebuttable presumption that the applicant has relinquished the privileges of permanent resident status in the United States.
(3) Removal and return. Any departure from the United States while under an order of removal (including previously issued orders of exclusion or deportation) terminates the applicant's status as a lawful permanent resident and, therefore, disrupts the continuity of residence for purposes of this part.
(4) Readmission after a deferred inspection or exclusion proceeding. An applicant who has been readmitted as a lawful permanent resident after a deferred inspection or by the immigration judge during exclusion proceedings shall satisfy the residence and physical presence requirements under §316.2 (a)(3), (a)(4), (a)(5), and (a)(6) in the same manner as any other applicant for naturalization.
*******************************************************************************************************
The remedy described in (ii) above is only found in the regulation, it is a gift from the immigration authorities as it does not exist in the statute in that form (it is derived from administrative discretionary authority in INA 316(b)). A straight reading of the statute would have an applicant start counting over from the beginning. As such, in that there is an early filing allowance of 3 months found at INA 334(a) this would result in only being able to file once achieving 4 years and 9 months (or 2 years and 9 months) residence. The regulatory remedy lets you apply after attaining 4 years and 1 day (or 2 years and 1 day) before filing after sustaining a disqualifying break in residence.
An LPR is never required to seek naturalization but if (s)he does desire it, the first thing to do is not loose LPR status.
FROM CBP website:
"I am a lawful permanent resident of the U.S., can I leave the U.S. multiple times and return?
If you are a lawful permanent resident (green card holder), you may leave the U.S. multiple times and reenter, as long as you do not intend to stay outside the U.S. for 1 year or more.
If you intend to stay outside the U.S. for 1 year or more, you must apply for a re-entry permit with U.S. Citizenship and Immigration Services (USCIS) prior to leaving the U.S. Re-entry permits are generally valid for 2 years from the date of issuance. Therefore, if you are outside of the U.S. longer than the date the permit was issued, you may be denied entry into the U.S.
To apply for a re-entry permit, you must file an Application for a Travel Document (I-131) with the USCIS. If you applied for permanent resident status, but are not yet officially a lawful permanent resident "green card holder" and you need to leave the U.S. on emergency, you must apply for and receive advance parole to leave the U.S. by filing a I-131 with USCIS. Information on how to file the I-131 is available on the USCIS Website.
If you are required to file documents prior to leaving the U.S., it is imperative that you do so, otherwise, you may be found inadmissible and denied reentry into the U.S. [This may lead to the completion of a form I-407, by the CBP Officer, in order to document abandonment/relinquishment of LPR status.]
If you are a green card holder and you do not stay outside the U.S. for 1 year or more, you should have either your green card (Form I-551), or your returning resident (SB-1) visa to re-enter the United States. You are not required to present your unexpired passport, however it is not a bad idea to carry it with you."
Presenting an expired greencard at a land or sea port of entry will cause delays and referral for secondary inspection and possibly deferred inspection after that.
Generally, an international air or sea carrier would refuse boarding if presented with an expired greencard unless you have a boarding letter or SB-1 visa also. A valid passport is required for non-contiguous travel or you would be denied boarding.
Certain cruises originating from and returning a U.S. port may be less strict.
*******************************************************************************************************************
The basic requirements for the vast majority of naturalization applicants need only be satisfied within the final 5 years prior to filing an N-400, Application for Naturalization. The statutory period is only 3 years if all of that 3 years has been while married to and generally living with a USC spouse.
Certain factors prior to the "statutory period" may have an impact on naturalization eligibility, especially in determining good moral character (GMC). Look to some other thread for GMC info. A very late detection of initial entry fraud and possible initiation of Removal Proceedings can be a devasting result of filing for naturalization.
Physical presence within the U.S. is required to be equal to at least one half of the statutory period upon the filing date of the N-400. Continuous residence is a different requirement discussed below in the cited regulation.
Residence for general naturalization purposes:
8 CFR 316.5
(c) Disruption of continuity of residence —(1) Absence from the United States —(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under §316.2 (a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence:
(A) The applicant did not terminate his or her employment in the United States;
(B) The applicant's immediate family remained in the United States;
(C) The applicant retained full access to his or her United States abode; or
(D) The applicant did not obtain employment while abroad.
(ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with §316.5(d), absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under §316.2 (a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicant's return to the United States to resume permanent residence.
(2) Claim of nonresident alien status for income tax purposes after lawful admission as a permanent resident. An applicant who is a lawfully admitted permanent resident of the United States, but who voluntarily claims nonresident alien status to qualify for special exemptions from income tax liability, or fails to file either federal or state income tax returns because he or she considers himself or herself to be a nonresident alien, raises a rebuttable presumption that the applicant has relinquished the privileges of permanent resident status in the United States.
(3) Removal and return. Any departure from the United States while under an order of removal (including previously issued orders of exclusion or deportation) terminates the applicant's status as a lawful permanent resident and, therefore, disrupts the continuity of residence for purposes of this part.
(4) Readmission after a deferred inspection or exclusion proceeding. An applicant who has been readmitted as a lawful permanent resident after a deferred inspection or by the immigration judge during exclusion proceedings shall satisfy the residence and physical presence requirements under §316.2 (a)(3), (a)(4), (a)(5), and (a)(6) in the same manner as any other applicant for naturalization.
*******************************************************************************************************
The remedy described in (ii) above is only found in the regulation, it is a gift from the immigration authorities as it does not exist in the statute in that form (it is derived from administrative discretionary authority in INA 316(b)). A straight reading of the statute would have an applicant start counting over from the beginning. As such, in that there is an early filing allowance of 3 months found at INA 334(a) this would result in only being able to file once achieving 4 years and 9 months (or 2 years and 9 months) residence. The regulatory remedy lets you apply after attaining 4 years and 1 day (or 2 years and 1 day) before filing after sustaining a disqualifying break in residence.
Last edited by a moderator:
Jackolantern
Registered Users (C)
That person either was lucky that the POE officers didn't notice his past history of absences, or he had an acceptable reason to be abroad so much, like working for the US government. Most people who are outside the US for 10-11 months a year get in trouble after 3 or 4 years of traveling like that.I read on this forum that a green card holder had only a few weeks US stay per year for 13 years and had no problem.
I also read that there is some specific per year(?) travel limit or they loose the green card at the border. How is this? Can you please clarify? Thanks.
An individual trip of 1 year or more would normally result in loss of the green card, if you don't have a reentry permit or SB-1 visa. But multiple long trips of under 1 year each can result in loss of the green card if there is very little time in the US in between the trips. There is no specific and simple formula for how much travel is too much; the POE officer looks at the pattern of travel and uses their discretion to make a decision. If they think you've been traveling too much, they'll either give you a warning, or they'll take away the green card and tell you to see an immigration judge to plead your case to get it back. If the judge finds that you abandoned residence, you will either be given a deadline to leave the US on your own, or they will deport you.
GCcomesoon
Registered Users (C)
Out of US stay cane be counted for citizenship
Hi
MY question is related to this scenario - Lets say one person has green card & has lived in US for 2 years continuously. He leaves the country & stay out for 6-8 months & comes back. He continues to stay in US & completes 5 years. Now can he count that 6-8 months in his 5 years period ?
Thanks
GCcomesoon
Hi
MY question is related to this scenario - Lets say one person has green card & has lived in US for 2 years continuously. He leaves the country & stay out for 6-8 months & comes back. He continues to stay in US & completes 5 years. Now can he count that 6-8 months in his 5 years period ?
Thanks
GCcomesoon
medofaroon
Registered Users (C)
how about staying in US for 3 years ...and then travel for 8 months long outside US .....how does this sound to the POE officer ?!?!?!? will he give me a warning ?!?!?!?!?
how about staying in US for 3 years ...and then travel for 8 months long outside US .....how does this sound to the POE officer ?!?!?!? will he give me a warning ?!?!?!?!?
Without a re-entry permit, a warning is likely (they are instructed to inform you of a possible problem---it is a Customer Service initiative). You won't lose your greencard, if otherwise admissible. Naturalization eligibility may be disrupted. [Review post #2 in this thread.]
My wife was out of the US for 2 months (her only trip out of the US since receiving her GC about a year ago), and got questioned by the CBP agent in the immigration area, if she knew the residence requirement. She said no. He said that it is 6 months in a year, and it doesn't have to be just one trip.
I was aware of what the federal law said before he told us this, and what he said was against what the person quoted in the law. When the CBP agent told us that, we where like whatever and just moved on. I didn't want to make a scene in front of a federal officer.
I was aware of what the federal law said before he told us this, and what he said was against what the person quoted in the law. When the CBP agent told us that, we where like whatever and just moved on. I didn't want to make a scene in front of a federal officer.
medofaroon
Registered Users (C)
what is residene requirement ? ..u mean citizenship requirement ?!?...wat if u exceed 6 months ?!
TheRealCanadian
Volunteer Moderator
Read what bigjoe posted rather than freaking out over anecdotes you read on the Internet.
medofaroon
Registered Users (C)
i did read it ...but iam concerned about wat the POE offcier said ........6 months ?,,,wat he meant by this ?!
Frequent short trips and substantial time out of the U.S. - Acceptable if working for U.S. company?
Is an "acceptable" reason (similar to that on N-470) "working for a U.S. company"? Does length of time holding the Green Card count in considering the travel pattern-if a long term green card holder has only been travelling extensively in past couple years is that more "acceptable" than a more recent GC holder?
That person either was lucky that the POE officers didn't notice his past history of absences, or he had an acceptable reason to be abroad so much, like working for the US government. Most people who are outside the US for 10-11 months a year get in trouble after 3 or 4 years of traveling like that.
An individual trip of 1 year or more would normally result in loss of the green card, if you don't have a reentry permit or SB-1 visa. But multiple long trips of under 1 year each can result in loss of the green card if there is very little time in the US in between the trips. There is no specific and simple formula for how much travel is too much; the POE officer looks at the pattern of travel and uses their discretion to make a decision. If they think you've been traveling too much, they'll either give you a warning, or they'll take away the green card and tell you to see an immigration judge to plead your case to get it back. If the judge finds that you abandoned residence, you will either be given a deadline to leave the US on your own, or they will deport you.
Is an "acceptable" reason (similar to that on N-470) "working for a U.S. company"? Does length of time holding the Green Card count in considering the travel pattern-if a long term green card holder has only been travelling extensively in past couple years is that more "acceptable" than a more recent GC holder?
Without a re-entry permit, a warning is likely (they are instructed to inform you of a possible problem---it is a Customer Service initiative). You won't lose your greencard, if otherwise admissible. Naturalization eligibility may be disrupted. [Review post #2 in this thread.]
Can a re-entry permit be applied for/granted for stays outside the US of under 1 year? under 6 months?
Jackolantern
Registered Users (C)
It's not "acceptable" at the level of N-470, but it's definitely better to be working abroad for a US company that sent you than to be working abroad for a non-US employer.Is an "acceptable" reason (similar to that on N-470) "working for a U.S. company"?
Does length of time holding the Green Card count in considering the travel pattern-if a long term green card holder has only been travelling extensively in past couple years is that more "acceptable" than a more recent GC holder?
Length of time holding the GC doesn't really matter. Ties to the US are what matters, so a long-term GC holder who has maintained their long-term ties to the US (e.g. house, job, car, family) would be in a better position than somebody who didn't have those ties.
But if the long-term GC holder gave up those ties, they might be in a worse position than a fresh GC holder who hasn't yet established those (e.g. selling your US-located house and car right before extended travel makes it more probable that you're leaving the US permanently, than if you never had those things in the first place).