I am a green card holder how long i could stay out of America ?

Asked over 1 year ago - 08873

i am a green card holder and i have to go back to my country for a few month
how long could i stay there and have no problem with my green card ?

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . There is no definitive rule or automatic revocation of GC. The inquiry will be that of the intent to abandon your residency. Quite a fight, I have to tell you with you carrying the burden of proving that you did not.

  2. Eric M. Mark

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . After 180 days you are presumed to have forfeited your permanent residence. After 1 year you forfeit your permanent residence. If you get a reentry permit prior to leaving you can remain outside the US for up to 2 years without any problems.

  3. Yolanda Navarrete

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You should return before 6 months. You should also get a re-entry permit before you leave for some assurance. I agree with Mr. Mark's response.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
  4. Dean P Murray

    Contributor Level 18

    Answered . I agree with Attorney Segal. Good luck to you.
    ---------------------------
    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  5. Tripti Sharad Sharma

    Pro

    Contributor Level 19

    Answered . The questions to be address are how long will you be gone, the reasons to stay away, ties to the U.S., etc. to determine whether there are issues of abandoning your residency.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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