How Much Time Can a Green Card Holder Spend Outside of the U.S.?
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- Опубліковано 5 лип 2020
- A frequent question is how much time can yous stay outside of America if you are a lawful permanent resident? 6 months? 180 days? 1 year? and what are the consequences? I discuss that in this video.
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Amarji asks: "How many months can we stay outside United
States if I'm a
Green Card holder?"
Sure, Okay.
Let me get into that question a bit.
So how many months can a person stay outside of the United States
if they're a Green Card holder?
It depends on the officer
that you're dealing with
when you enter
the United States.
First of all, they could be strict, they could be not strict and it depends
on how much you care about citizenship because the absences
could be a problem.
But the first date that becomes a problem is if you're outside
the United States for more than 180 days. Because if you're
outside for more than 180 days, when you're re-entering,
the officer of the border could question you about the underlying
status that you have, get into your finances and see if you're
a public charge and they have the authority to really question
you and create
problems for you.
Do they do that typically?
No, they don't do that.
So I'm not too worried about that in most cases unless you're
constantly outside the United States about a period of time
if you are going to be outside, the United States frequently, just
apply for what's called
a re-entry permit.
And that would give you up to two years outside the United
States most of the time without a problem. They could still hassle
you but they typically don't.
What you really don't want
to be out of is more than a year because if you're absent for
more than a year, that's an assumption that you've abandoned
your status and they could take your Green Card away and
send you to removal proceedings for a judge to make a final
determination.
Now in practice,
I see people all the time staying outside U.S. for six months
or a year, hasn't been a problem, but it can be so it's something
you can should be prepared for. Can't guarantee
you'll be fine, but getting the re-entry permit is the thing
to do in that situation.
So the things I talked about right now are about maintaining
the Green Card
not losing your Green Card.
Now, if you're outside the United States for more than 6
months, more than a year,
frankly
If you're frequently out for four or five month periods,
that could be a problem for applying for naturalization or
citizenship. So that issue
could exist as well.
So there's the idea of maintaining it to worry about maintaining
and keeping your Green Card and then their citizenship and
applying for that soon as possible, both are affected in
different ways and don't...
both have different things to protect
that and ways to show that
you really are not abandoning
your residence in the United States. Maybe like keeping a
house here, keeping a job here, keeping family, property
there's a lot of other things that just really goes into consulting with
an immigration attorney to check out your unique circumstances,
but that's the long answer and then it could be longer.
I'm going to keep it short because of this conversation but
these are things we need to talk with a lawyer to be safe
about or not.
Whichever you prefer, but that's the situation there
the answer to that question.
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Thank you for your excellent videos. You mentioned in this video that if a GC holder is outside of the US for more than 180 days, the permission re-entry is subject to the CBC Officer. How do you calculate the number of days of absence? Is it calendar year based or starting from the effective date of the GC?
Thanks for the video. Quick question. What happens if I applied for the re-entry permit, but I never received the actual card but in the Uscis website shows that I was approved for it. Is that enough to get through the custom or do i must apply for the 131a?
I got the green card Nov 2019 and since that time till now (Sep 2022) I have been outside the US three times (one for 177 days, another for 113 days and the last one for 75 days) all the periods have been less than 180 days however I wonder how long you can stay outside the US out of that 5 years period between green card and naturalization as long as each period does not go beyond the 180 days?
Hello i have a question I’ve been here in the USA for almost 2 years and i want to travel in the Philippines like 25 days in March and I’m a Greencard holder what papers do i need to bring with me ?
My grandmother got stuck with covid in South America. Can she return? It's been one year exactly
Short answer is no
If my business outside of us, and want to leave US for unknown time period?
Hi! Could you please clarify if 180 days are counted as a one time absence, or in total during the calendar year, or in total during the last 365 days?
For each trip. But even being out multiple trips for less time can be problematic in some cases.
@@USImmigrationTalk so technically it's possible to be out 5 months, in 1 month, out 5 months, etc. (in a simplest case)? Thank you so much for clarification, this question bothered me for a long time!
I need to explain it all to you in more details (can't do that here). Please schedule a consultation time.
Hi, bri please guide me my husband is in usa, lpr(green card holder) should he come his home land for 3 or 4 month, while in june 2020 he is getting his citizenship also.
Please ask him to contact my office to schedule a consultation.
Hello!!! I’ve got a question !What if I’d stay 183 days outside of the USA ?( I was checking my health .) will I have problems in the getting citizenship ?
It can. Depends on the facts of your case.
Excuse me sir I have a question. Since every time I leave US and got back to the Philippines sometimes I do 2 months 1time is almost 6 months.. I never tried to stay outside of US for almost a year is it gonna be a problem if I stay outside like atleast 9 months?
As a Green Card holder you are supposed to be living and spending most of your time in the US. Please schedule a private consultation to discuss your case.
Good day, can I travel for short trips like 5 days twice per month without issue with greencard
Hi! Please schedule a private consultation by emailing us at Info@JQKLaw. com. Alternatively, you may ask your question during the live Q&As session next Wednesday, at 6 PM Pacific. Thank you.
Hello Sir I Wanna Ask You Please For my situation im green card holder since ooctober 2018. Last january 2020 i was able To returning in my country cuz my dad was realy sick and im only Son To him so he was realy needed To be near him To do a major errands he is better now but i need To stay with him until he can tak à vaccine for covid. So i'll Come back in US In March it Will be take 12 months from my travel in outside and my return in US. Can i retenter in US and explain my situation To the border? Thanks for your great helpul
Please schedule a private consultation time to discuss your case.
What if I’m outside because of school? I’m planning on going to a different country for school
You should get a Reentry Permit.
What if iam a student in an other country and am a green card holder. How can that effect me !? If so. R there any solutions to continue studying outside the US for 8 months each year without loosing the card!? Thanks
Get a reentry permit
Hello, i have one question. Can i return to Usa after 10 years staying outside? Have some chance to do it.
Please consult with an attorney in private about this matter.
Lived in America since 1989 as a green card holder .. left in 2010 . Wasn’t a minor when I left but was still living with my parents .. also my mom is a us citizen while I was a minor .. can I still apply for citizenship?
Hi Jumoke! Please schedule a private consultation by emailing us at Info@JQKLaw. com. Alternatively, you may ask your question during the live Q&As session next Wednesday, at 6 PM Pacific. Thank you.
I am facing difficulties to calculate days stayed in USA from passport as Green holder. Only once I spent 07 months outside & thereafter I have started from new keeping in mind my 06 months requirements & 913 days calculations so please guide me as I don't do anything in USA & dependent on my son. What are other activities I should do as I am a senior citizen to try for citizenship Regards.
Please schedule a private consultation to discuss your case.
Thanks for information I am green card holder two years ago. First, I am finishing college in my home country after that I will live permanently to USA. In order to revalidate my career. I will definitely finish in one year so I need to get the re-entry permit or which is the best way what would you advise me ? The last time that I was in USA was September 2020 but I will no able to travel within one year because in order to finish my career I must a done one year of community work. I could travel 1 week in all of that year. Please I need some information could help me on it.
Please schedule a private consultation with my office to review your case. It is not good to be outside for more than a year.
@@USImmigrationTalk Would you mind if you give me your contact, please?
I went to my county last year for 5 months and returned on October 1st. This year, I go back to my country on October 4th and will return January. Will that effect on my green card?
I need to have a private consultation to give individual advice
How to apply for a reentry permit
Hi, please schedule a private consultation with my office to review your case
Hello I'm a green card holder and I am outside the US since 25 days. Will I face any hindrance if I return to the US after 25 days? If there's anyone whose been in the same situation then please reply. I'm really anxious and nervous.
Having a 25 day trip does not affect anything.
Hi sir, I am a green card holder sine 2017. And I’m staying outside of the USA almost 10 months Am I alright to re enter to the USA sir? Thanks 🙏🏻
Please schedule a private consultation to discuss your case.
Did you back again to United state
Hello sir, i just renew my Green card holder, it is safe to go to my country for 2 weeks
I need to review your case in private during a consultation before I can give you individual legal advice.
HELLO SIR. I'M IN OUTSIDE OF USA ALMOST 8 MONTH. IN SEPTEMBER 9 IM RETURNING IN USA. SO I FILLED 2019 TAX AND MY FLIGHT WAS CANCELED IN 21 MAY. AND THERE WAS NO REGULAR FLIGHTS (COVID19). HOW YOU THINK SIR IT WILL BE PROBLEM FOR ME? THANKS.
It is up to the Officer at the airport when you reenter. Most likely they will be flexible, but up to them.
Sir hows your entrance back to US
Were you able to re enter and how was it?
Thank you for your excellent videos. You mentioned in this video that if a GC holder is outside of the US for more than 180 days, the permission re-entry is subject to the CBC Officer. How do you calculate the number of days of absence? Is it calendar year based or starting from the effective date of the GC?
The calculation is based on continuous absences from any departure from the United States