Skip to main content

Can a permanent U.S. resident travel outside the U.S., how long can a permanent U.S. resident stay outside of the U.S.

Silverdale, WA |
Attorney answers 2

Posted

Generally, speaking if you are a permanent resident you should not stay abroad for more than 1 year without first applying for advanced permission to return to the U.S. If you do not do this you run the risk that the immigration officials would find that you had abandoned your LPR status. I hope this helps.

Posted

The answer to your question really turns on the issue as to whether or not you actually intend to and do maintain a permanent residence in the United States. If you do not intend to reside permanently in the US and if you do not have proof, such as apartment or mortgage, car, etc. and unless you file federal and state income taxes in the jurisdiction of your domicile, you may lose your permanent residence status regardless of whether you are absent from the US for two weeks, two months or ten months. Of course, if you are absent for more than 12 months without a reentry permit, you will lose your permanent residence status as a matter of law. This is not necessarily final, but the burden of proving your reside in the US permanently is on you, and as I mentioned if you cannot meet the burden you may lose your status.