My aunt and my cousin have become residents of the US via I-485 petition by my mom. They both have their greencards and have gotten re-entry permits. They're both in China, my cousin is still attending college and her mom still has a full-time job (one more year of work). They've gone back to China 6 months at a time during the past year, only staying for a week when they come to the US, to perhaps keep the green card "alive," I guess you could say. What is the time limit they can stay out of the USA? TIA for your help.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Time limit out of USA, Have GC, re-entry permit, stay out of USA for a year+?
- Thread starter gkwong
- Start date
howdy_howdy
Volunteer Moderator
My aunt and my cousin have become residents of the US via I-485 petition by my mom. They both have their greencards and have gotten re-entry permits. They're both in China, my cousin is still attending college and her mom still has a full-time job (one more year of work). They've gone back to China 6 months at a time during the past year, only staying for a week when they come to the US, to perhaps keep the green card "alive," I guess you could say. What is the time limit they can stay out of the USA? TIA for your help.
Well, they have their re-entry permits, right? Then, they don't have problems being out the US for until the expiry of the re-entry permits. They need to come back to the US at least a week or two before it can expire. In fact, there is no need for them to visit the US once in six months IMHO.
Well, they have their re-entry permits, right? Then, they don't have problems being out the US for until the expiry of the re-entry permits. They need to come back to the US at least a week or two before it can expire. In fact, there is no need for them to visit the US once in six months IMHO.
they've been in and out of the US twice since they've gotten the re-entry permits but haven't used them even once. How long can they stay out of the country without using the re-entry permit?
howdy_howdy
Volunteer Moderator
they've been in and out of the US twice since they've gotten the re-entry permits but haven't used them even once. How long can they stay out of the country without using the re-entry permit?
I guess it depends on the Officer at the POE. The law states that one needs to be residing in the US to prove that they are permenant residents. For this, the USCIS guideline backs up the statement that a PR should NOT be out of the country for more than six months in a row. Having said that, some people get out of this rule with just by luck and many others don't.
I know an elderly couple gotten their GC through their daughter and were visting the US once in six months. Last time I heard from my mom that they are back in my home country and haven't visited the US in a while. That makes me to think that their GC must be in jeopardy considering their short visits to the US. But, I am not 100% sure that their GC is cancelled or not.
IN all, what I am trying to say here is, there is NO thumb rule as to get away from those laws governing the residency. IMHO, being in the US and living here with someone and visiting home country once a year is what I would advise.
Good luck
howdy_howdy
//