Hi, I have recently became a permanent resident to the US. I would like to visit India and stay there for about 10 months and come back to US. Would it affect my permanent residency? Please answer.
The website at USCIS lays out what is known as "abandonment of Residency". make sure you read it carefully because you could be deemed to have abandoned your residency under certain conditions. See the following:
You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:
Move to another country, intending to live there permanently.
Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
The reason for your trip;
How long you intended to be absent from the United States;
Any other circumstances of your absence; and
Any events that may have prolonged your absence.
Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
Fail to file income tax returns while living outside of the United States for any period.
Declare yourself a “nonimmigrant” on your U.S. tax returns.
You will be deemed to have abandoned your GC. Even though they have never committed a crime and were never placed in removal proceedings, permanent residents have to “apply for admission” at the U.S. port of entry upon their return from overseas. An absence of more than six months raises a presumption that the person abandoned his LPR status. The U.S. customs officer may require the person to prove he has not abandoned his LPR status by showing fixed ties to this country (for example, filing of income tax returns, family members in the U.S., property ownership, bank accounts, and business affiliations.) Only an Immigration attorney has the expertise to properly fill out immigration forms and put together the right package of documents and other evidence to support the immigration benefits you are trying to obtain. However, especially in these turbulent times, you really need to retain an immigration attorney. This is not a do-it-yourself project! You should focus on retaining experienced immigration counsel, especially now that immigration is much more restrictive since Trump is now President.
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