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staying outside USA on green card
- Thread starter ksingh001
- Start date
How long someone can stay outside USA on green card particularly in Canada.Is there any way out to maintain permanent residency in both countries...Any sugesstions..?
if you have a US green card and Canadian PR, you cannot have both. you have to surrender one of them in order to maintain PR.
you can stay outside USA for less than 6 months, but if you stay outside for more than 6 months, you are considered to abandon your PR and/or your US citizenshp application could be denied if you apply for US citizenship.
if you stay outside for more than 6 months, you are considered to abandon your PR and/or your US citizenshp application could be denied if you apply for US citizenship.
I believe that if you stay outside for more than 6 months, but less than 1 year, you are considered to have broken continuous residence. One must stay outside of U.S. for more than 12 months in order to have their PR considered abandoned.
How long someone can stay outside USA on green card particularly in Canada.Is there any way out to maintain permanent residency in both countries...Any sugesstions..?
You can't have it both ways. You're either a resident of one country, not both. You can obtain a re-entry permit to the US if you intend to stay in Canada temporarily for up to 2 years.
Jackolantern
Registered Users (C)
[you can stay outside USA for less than 6 months, but if you stay outside for more than 6 months, you are considered to abandon your PR and/or your US citizenshp application could be denied if you apply for US citizenship.[/QUOTE]
Hello,
I agree that if you stay outside US morethan 6 months, it is considered as abandoned your PR and US Citizenship application can be denied. If that is the case, then they should have not accepted the application N400 from those persons who have stayed outside US beyond 6 months and less than 2 years, (even if they have Reentry permits approved)? If they accept N400 application and asked you to come for FP and IL.I think they have considered your application is OK for naturlization purpose ( other things being the same).
Do you think that they still can deny your application?
Appreciate if you can elaborte on this situation.
Thanks
Narayana7
Hello,
I agree that if you stay outside US morethan 6 months, it is considered as abandoned your PR and US Citizenship application can be denied. If that is the case, then they should have not accepted the application N400 from those persons who have stayed outside US beyond 6 months and less than 2 years, (even if they have Reentry permits approved)? If they accept N400 application and asked you to come for FP and IL.I think they have considered your application is OK for naturlization purpose ( other things being the same).
Do you think that they still can deny your application?
Appreciate if you can elaborte on this situation.
Thanks
Narayana7
I agree that if you stay outside US morethan 6 months, it is considered as abandoned your PR and US Citizenship application can be denied.
That's not entirely correct. Typically, if you stay outside of the U.S. for more than 6 months but less than 1 year, you will not be considered as having abandoned your LPR. However, there are exceptions to the rule and there isn't a clear-cut timeframe of absence which determines abandonment of LPR. Take a look at the links below:
http://quanlaw.com/ls_presidency.asp
http://www.immigrationnewsradio.com/abandonment_of_green_card.html
Jackolantern
Registered Users (C)
Staying outside the US longer than 6 months is not an automatic denial of citizenship. They will give you the chance to explain your situation in the interview. If you were away that long due to reasons beyond your control, or for reasons they like (e.g. working for a US corporation or the US government), the long time outside the US generally will not be used to deny your application.I agree that if you stay outside US morethan 6 months, it is considered as abandoned your PR and US Citizenship application can be denied. If that is the case, then they should have not accepted the application N400 from those persons who have stayed outside US beyond 6 months and less than 2 years, (even if they have Reentry permits approved)?
FlyingTurk
Registered Users (C)
I am facing similar situation.. My mom was diagnosed with cancer last year and i just visited her for two days. Her doctor's recommendation is to 'spend as much time as possible with her from this point on'... I was planning to apply for the emergency expedited processing per medical conditions but i have been told this case doesn't apply as this method is supposed to be used for medical condition of the applicant.
I really want to be next to her so that she can either win this battle or at least be next to her when she finally leaves earth..
I have a feeling like the freaking name check is not going to get done in next month or so..
What to do?
I really want to be next to her so that she can either win this battle or at least be next to her when she finally leaves earth..
I have a feeling like the freaking name check is not going to get done in next month or so..
What to do?
What to do?
Assuming you've not accrued any long absences up to this point, I think I'd be tempted to go visit with her for at least 5-6 months without worrying too much. Hopefully your NC will clear meanwhile, and you won't have to face the difficult decision of what to do after that.