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Re entry permits and continuous residency

Seattle, WA |

After being aboard with the re entry permit for longer than a year, a green card holder breaks his/her continuous residency. However, I was told the last 364 days of your time out of the country (1 year minus 1 day) counts toward meeting your continuous residence requirement. Is this information accurate?

Attorney Answers 4


  1. Continuous residence for what purpose?

    Naturalization? .. that get's broken after 6 months.

    Abandonment of LPR status? That can happen after as short of a period as a few days ... if the person starts working/living/studying in a foreign country.

    Consult with an immigration attorney for a personal evaluation of the facts.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. No. You may be considered to have abandoned your LPR status. Do consult with an immigration attorney.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


  3. No

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. I agree with Mr. Capriotti that we need more information. I will also add, though, that I have seen cases approved for naturalization with such long absences, and cases of potential abandonment shown not to be abandonment. It all depends on the specific facts of your individual case. I urge you to contact an immigration attorney with experience in these particular issues. It is a very fact-dpendent individualized situation.

    This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.

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