How long can I stay outside of the united states as a permanent resident?

Asked over 2 years ago - Long Beach, NY

How long can I stay outside of the united states? I am a permanent resident ?
Thank you

Attorney answers (6)

  1. Neil Ian Fleischer

    Contributor Level 20

    4

    Lawyers agree

    Answered . The point of being a LPR is to live in the United States. We recommend never staying outside the US for 6 months and NEVER EVER over a year without a re-entry permit

    Note: The below answer is provided for informational use only. One should not act or refrain to act solely based... more
  2. Debbi Lee Klopman

    Contributor Level 15

    2

    Lawyers agree

    Answered . If you file a form I-131 and properly execute it, have your fingerprints taken, etc. you can then leave the country for up to two years. Please consult an immigration attorney if you have additional questions.

    Debbi Klopman, Esq.
    www.debbiklopmanlawoffice.com
    718 622 1208
    dkny430@aol.com
    The above information is general in nature and does not constitute a legal opinion and is not deemed to have created an attorney-client relationship

  3. Philip Alan Eichorn

    Contributor Level 19

    2

    Lawyers agree

    Answered . You an can stay outside the U.S. as long as you want. However the longer the stay and the reason for the stay will impact not only your ability to return but also your ability to naturalize.

  4. Michael Harold Sharon

    Contributor Level 13

    1

    Lawyer agrees

    Answered . You can stay outside the USA for up to a year without automatically loosing your green card (so long as you did not get a reentry permit). That said, you can lose your green card if you are outside for a shorter period of time if you no longer intend to remain a permanent resident, which is someone who lives and works in the USA. Be careful with any absences of 6 months or longer.

    Michael H. Sharon has been practicing immigration law for more than 25 years. His response to your question is not... more
  5. Avi Friedman

    Contributor Level 12

    1

    Lawyer agrees

    Answered . United States permanent residence requires that you live in the U.S. If you are out of the U.S. for more than six months this can break your accumulation of residence for the purpose of applying for citizenship. Furthermore, an extended absence can result in you losing your permanent residence status.

    If you plan to be out of the U.S. for more than 180 days, you should explore the option of a re-entry permit. This must be filed with USCIS prior to your departure, while you are still physically present in the U.S. As part of the reentry permit application, the Immigration Service must take applicant's biometrics/fingerprinting in the U.S. This permit can be valid for up to two years. You must return to the U.S. prior to the expiration of the Reentry Permit.

    Please keep in mind that regardless of whether you have an re-entry permit, it is critically important to continue to maintain your permanent resident status. Factors that USCIS considers are, for instance, whether you have maintained a U.S. residence, a state driver’s license, a U.S. bank account and most importantly whether you continue to file as a “resident” (as opposed to “non-resident) for U.S. income tax purposes.

    I recommend that you contact an immigration attorney asap to discuss your possible options.

    Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | afriedman@wolfsdorf.com | www.wolfsdorf.com | Offices in Santa Monica, CA and New York City

    This message is provided for general informational use only and is not specific legal advice. This communication... more
  6. J Charles Ferrari

    Contributor Level 20

    Answered . It depends on whether you have a reentry permit or not.

    With a reentry permit, up to two years.

    Without a reentry permit, you should not stay longer than six months.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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