need an answer please!

ladybird2000

Registered Users (C)
hi every one! i got my green card today ! :D just hv a question, I will be studying in a medical program for two years outside the united states, so i was wondering, how long i can stay outside the states and come and go back? whts the time limit u can stay outside?
for e.g, If i stay outside 4 months and come back for a week on vacation and then go back for another 4 months, then come back for a week and so on for two years. would tht effect my greencard status or any thing? can i study outside for two years while making short trips to USA? :confused:
please answer , I really need to know before i head on to study outside. thanx All.
 
You can lose your Green Card after 5 mins outside of the USA if USCIS determine that you have moved abroad (as opposed to just visiting). The guidelines are here:

Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

  • Move to another country intending to live there permanently.
  • Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  • Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  • Fail to file income tax returns while living outside of the US for any period.
  • Declare yourself a “nonimmigrant” on your tax returns.
 
Assuming for a minute that you are not trying to accrue residency towards naturalization (ain't gonna happen this way), you can safely be outside of the US up to two years provided you apply for a reentry permit. Without a reentry permit, you get up to 1 year, but it is highly discretionary based on whether the officer at PoE thinks you abandoned your residency or not.

Short trips back to the US don't amount to squat as far as USCIS is concerned. They know why people try to do it as much as everyone else, so its pointless.
 
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