Maximum number of days outside US without obtaining for Reentry Permit

S

sunasha2001

Member
What is the maximum number of days a Green Card holder can stay outside USA without obtaining Reentry Permit ?

Background: This is for an elderly person (above 65) sponsored by children and does not have any US Bank account or any other ties except children in the USA.
 
They can return with just a green card for trips of less than 1 year.

However, regardless of the length of the trip (no matter how short it is), they can still be found to have abandoned permanent residence if it doesn't seem like they are maintaining residence in the U.S.
 
If you are thinking at all about applying for US citizenship, then you'll want to be aware that being outside the US for more than six months at a time breaks your continuous residency for the purposes of applying for citizenship.
 
Harry Callahan said:
If you are thinking at all about applying for US citizenship, then you'll want to be aware that being outside the US for more than six months at a time breaks your continuous residency for the purposes of applying for citizenship.
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Could you please tell me where I can see this law where it says after 6 months being outside the US the continuous residency will be broken?

Thank you
 
mdelpiero said:
Could you please tell me where I can see this law where it says after 6 months being outside the US the continuous residency will be broken?
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Come on, just google it. https://www.google.com/search?q=6+months+continuous+residency

The very first link is http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

It says:

"An absence of more than six months (more than 181 days but less than one year (less than 365 days)) during the period for which continuous residence is required is presumed to break the continuity of such residence."
 
Harry Callahan said:
Come on, just google it. https://www.google.com/search?q=6 months continuous residency

The very first link is http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

It says:

"An absence of more than six months (more than 181 days but less than one year (less than 365 days)) during the period for which continuous residence is required is presumed to break the continuity of such residence."
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Thank you for your response. I appreciate it. I have another question: If my naturalization application is denied after how long can I reapply?
 
mdelpiero said:
Thank you for your response. I appreciate it. I have another question: If my naturalization application is denied after how long can I reapply?
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That would depend on the reason why your application is denied. Without knowing that reason, one can't say.

If your application is denied because you lack continuous residency, then you need to wait until five years minus 90 days after the date that you re-establish continuous residency.

In the best case, if your application is denied because of a correctable error in your application (e.g. one of your photos doesn't meet the technical specifications), then you can reapply immediately, and just correct the error.

In the worst case, you might never be able to reapply. You might even lose your green card and get deported and banned from the US for life, if as a result of the application they discover that your green card was fraudulent. Obviously that's pretty rare, but it can happen.
 
One small clarification: If you are absent from the USA for one year or longer, then there is a special rule (the "four years and one day" rule) which says you can (re-)apply for naturalization four years and one day after you return and re-establish residency. The four years and one day rule does not apply to absences of between six months and one year. It's all explained in the link that I posted above.
 
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