Re entry permits and continuous residency

Asked over 1 year ago - 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. Barbara A Marcouiller

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . 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.... more
  2. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  3. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.... more
  4. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No

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

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