How strict is the requirement to not be out of the U.S. for more than 6 consecutive months?

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vince78

Registered Users (C)
When I got my green card I was told by my lawyer to not exceed 6 consecutive months outside the United States. So far I've been following that rule for the last 3 years even though we pretty much live abroad now.

I'm wondering though how strict this requirement is? I'm not going to be applying for citizenship anytime soon since my country doesn't allow dual citizenship but I don't want to lose my permanent residency in the U.S. either. For example, this year I'd have to go back in Nov to be under 6 months but my wife and I would rather go back to the U.S. in Dec in time for Christmas which would put us at 7.5 months.

In case it's relevant, we own an apartment in the U.S. and we're always on time in paying our property taxes, mortgage and filing our taxes. My friend told me that as long as we're under 1 year and pay taxes we should be fine but he might not know what he's talking about :)
 
The US won't allow citizens of other countries to become US citizens and still retain their former citizenship. So (for instance) Rupert Murdoch the 'Fox' magnate had to give up his Australian citizenship to become a US citizen.


The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy.Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.


A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth.U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.


Intent can be shown by the person's statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance.
 
realcool1 said:
The US won't allow citizens of other countries to become US citizens and still retain their former citizenship. So (for instance) Rupert Murdoch the 'Fox' magnate had to give up his Australian citizenship to become a US citizen.


Absolute nonsense!!! You are clearly misguided, there is no law on the books enacted by US Congress in which people have to give up their citizenship to acquire US citizenship. If Rupert Murdoch gave up his Australian citizenship, it is because he is a nut. I worked with an Australian citizen, who also held US citizenship...
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vince78 said:
When I got my green card I was told by my lawyer to not exceed 6 consecutive months outside the United States. So far I've been following that rule for the last 3 years even though we pretty much live abroad now.

I'm wondering though how strict this requirement is? I'm not going to be applying for citizenship anytime soon since my country doesn't allow dual citizenship but I don't want to lose my permanent residency in the U.S. either. For example, this year I'd have to go back in Nov to be under 6 months but my wife and I would rather go back to the U.S. in Dec in time for Christmas which would put us at 7.5 months.
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While taking a trip of over 6 months will often trigger additional questioning at the port of entry, the 6 month rule is not a hard and fast rule either way. You could have every trip under 6 months and still lose your green card, or you could take a trip of over 6 months and be OK.

What ultimately matters is not the single issue of 6 months or not. The fundamental question is: are you a bona fide resident of the US? To determine that, they would look at the overall set of facts ... what is your overall travel pattern, and what ties do you have to the US. Spending 3 or 4 weeks per year in the US for 3 years doesn't paint a picture of being bona fide resident.

What do you need a green card for? Why don't you just officially surrender your GC and get a tourist visa, instead of waiting for them to forcibly cancel the GC after noticing your travel pattern? If you want to keep the green card make sure you return in November before 6 months have passed, in order to reduce the chances of triggering harsh questions and having them dive into your detrimental travel history.
 
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One year is the hard line where if you travel longer than that without a reentry permit or some other exception (e.g. military service), your green card is basically dead and you have to apply for an SB-1 visa at a consulate to resurrect it.

But keeping your trips under 1 year each, or under 6 months each doesn't mean you're automatically safe. An accumulation of shorter trips close together, or other factors showing that you're strengthening your ties to another country and dissolving your ties to the US (e.g. taking an overseas job and acquiring permanent resident status in the other country and selling your house in the US), can jeopardize your green card.
 
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