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Immigrant. How long can I stay in america before going back to Philippines to continue my study. Plan to stay there for 5 months

Newark, CA |

Hi,
I am a new immigrant. Just arrived here in CA on 3/31/10. I just received my green card and went back to Philippines on 5/1/10 to continue my school. I plan to stay there for 5 months. Is this going to affect my LPR (Legal Permanent Residents) status if I only stayed in america for 1 month and 5 months in the philippines?I have ss number, us address, CA ID, and us bank account. Thank you.

Attorney Answers 1


  1. This is a tricky question. In fact, if you stay outside the US for more than 6 months, there is a presumption of abandonment, for one year, it might be considered abandonment. I will advise you to file for a re-entry permit in case you want to stay outside for longer. I will recommend meeting with a lawyer to analyze your situation not to jeopardize your green card in the future.

    Good Luck
    Shah Peerally
    Founder and Managing Attorney of Shah Peerally Law Group PC

    The Law Firm Deals in Immigration law, Bankruptcy & Debt Relief

    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 or a fee agreement is signed by the attorney and the client.

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