How long can we stay out of US on green card by law 2010?

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1. 

   Carl ShustermanPro

   Los Angeles Immigration Attorney

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   Answered July 12, 2010 07:11. Assuming that you have not overstayed your visa, you need not be in the U.S. at all in order to apply for a green card as a DV-2011 lottery winner. Simply apply at the U.S. Embassy in your own country.

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2. 

   Christopher Pogue

   Cincinnati Immigration Attorney

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   Answered July 12, 2010 13:15. Note: The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.
   
   Once you are a Legal Permanent Resident you are stating that you intend to make the USA your home. Absence of more than one year will invalidate you Green Card, and USCIS will consider you LPR status abandoned. Absence of less than a year can also result in USCIS considering your LPR status abandoned if your employment is abroad and you only visit the USA.
   
   Once obtaining LPR status, you should consult with an attorney if you are considering taking a trip of more than a few months abroad, or are considering working abroad.
   
   Ultimately the best course of action for an LPR that wants to travel for extended periods of time is to seek US citizen status. This will require among other things the LPR's physical presence in the USA for half of the prior 5 years before applying for naturalization (half of the previous three years if the LPR is married to a USC).
   
   
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   Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.

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3. 

   Neil F. LewisPro

   Tampa Immigration Attorney

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   Answered July 15, 2010 09:25. Hey buddy! Here is how travel breaks down:
   
   -- trips outside the US of less than six months (you are presumed to be admissable)
   
   -- trips outside the US more than six months, but less than one year (whether or not you may return may be questioned by CIS)
   
   -- trips outside the US longer than one year (you are presumed to have lost your green card)
   
   There is a form that allows extended travel abroad for residents. Form I-131 may protect your green card for periods of up to two years. Make sure you file it, and get your fingerprints done before you leave the US.

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