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max stay outside on green card
- Thread starter IL_LABOR
- Start date
Jackolantern
Registered Users (C)
Generally the maximum without a reentry permit is one year.
However, staying outside the US for less than a year could result in losing your green card if you also took multiple long trips in recent years, with short stays in the US in between (for example 6 trips of 5 months each with 2 weeks in the US between trips). Or if you worked abroad in an open-ended arrangement (i.e. not a short-term contract with a fixed end date). Or if you acquired permanent residence in another country.
And there are circumstances that allows staying outside the US for more than a year without a reentry permit -- working abroad for the US government or military, or accompanying a spouse who works for the same.
However, staying outside the US for less than a year could result in losing your green card if you also took multiple long trips in recent years, with short stays in the US in between (for example 6 trips of 5 months each with 2 weeks in the US between trips). Or if you worked abroad in an open-ended arrangement (i.e. not a short-term contract with a fixed end date). Or if you acquired permanent residence in another country.
And there are circumstances that allows staying outside the US for more than a year without a reentry permit -- working abroad for the US government or military, or accompanying a spouse who works for the same.
Thanks a lot.
My parents entered the US on Dec 2011 on B Visa and got their GC in April 2012, They left US in July 2012. They are unable to come back by Jan 17th 2012 ( 6 months stay ouside us), will they have any problems entering the US on GC after Jan 17 since the 6 months stay outside will expire on this day. They are planning to come back in March 2012 but will stay for 6 months with us. Will that be ok?
Thank You
My parents entered the US on Dec 2011 on B Visa and got their GC in April 2012, They left US in July 2012. They are unable to come back by Jan 17th 2012 ( 6 months stay ouside us), will they have any problems entering the US on GC after Jan 17 since the 6 months stay outside will expire on this day. They are planning to come back in March 2012 but will stay for 6 months with us. Will that be ok?
Thank You
Jackolantern
Registered Users (C)
Yes, that should be OK for keeping their green card, since that would be less than a year and it's their first long trip outside the US since GC approval. However, it will delay their eligibility for citizenship.
Jackolantern: Thanks for your response. Technically they did not stay in US for 6 months after getting the GC in 2012 so their 1st stay will not be counted for citizenship eligibility anyways. Do you know if their stay on B visa for 3 months will be counted towards the 6 month eligibilty of citizenship? I am not sure how will coming in March 2012 delay the eligibility for citizenship? Except for 2 months (since they can't come back in Jan 2012 ) if that is what you refer to?
Jackolantern
Registered Users (C)
Time in the US before green card approval is not counted towards citizenship eligibility.
Returning in March would mean they've been outside the US for 8 months. When they apply for citizenship, they should not have any trips outside the US of 6 months or more in the past 5 years. A trip outside the US for 6 months breaks the continuous residence requirement, unless they can present enough evidence of having ties to the US (house/apt., car, job etc.) during that trip to convince the interviewer otherwise. I doubt they've established those ties, given how soon they left the US after green card approval.I am not sure how will coming in March 2012 delay the eligibility for citizenship?