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