Urgent! Wife on Green Card went to India for 5 Months

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rbanda

Registered Users (C)
I don’t know if I’m posting in the right forum. But, this is very important for us. My wife went to India on January 29th and came back to USA on July 18th of this year, 2004. She is a green card holder. We’re (myself, my wife and my son) visiting India in November of this year, 2004. We’ll be in India for a maximum of 30 days. Would there be any sort of unforeseen problems for my wife – regarding her green card status in the long-term and also from the point of view of any citizenship troubles in the future (whenever she’s eligible). Please let me know if you have any ideas.
Are there any clauses that say, one calendar year etc.
 
No, you should not have any problems. The rule to remember is - every stay abroad should be temporary in nature. The longer the stay the harder it is to prove that the stay was indeed temporary. The cut-off is 12 months - one will not be admitted if he/she were abroad for more than 12 months unless he/she is in the posession of valid reentry permit. And the reentry permit does not guarantee admission, either.

Also, stays abroad for more than 6 months disrupt continuous residency requirement for naturalization. Also If she wants to naturalize she needs to be physically present in the US at least 30 months out of last 5 years.
 
eltoro said:
No, you should not have any problems. The rule to remember is - every stay abroad should be temporary in nature. The longer the stay the harder it is to prove that the stay was indeed temporary. The cut-off is 12 months - one will not be admitted if he/she were abroad for more than 12 months unless he/she is in the posession of valid reentry permit. And the reentry permit does not guarantee admission, either.

Also, stays abroad for more than 6 months disrupt continuous residency requirement for naturalization. Also If she wants to naturalize she needs to be physically present in the US at least 30 months out of last 5 years.
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plus 3 months in the state that she applies from if she wants to be naturalized.
 
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