How Long Can I Stay Out of the United States With a Green Card
Can I Stay More Than 6 Months Outside the U.Southward. with a Green Card?
Posted by Frank Gogol
Updated on February ii, 2022
There are many reasons why you, every bit a lawful permanent resident (LPR), could demand to travel outside of the U.S. for an extended time. You might also observe yourself stuck exterior of the U.S. during the coronavirus pandemic, unable to render for whatsoever reasons.
Of course, y'all're wondering, "can I stay more than vi months exterior the U.S. with a light-green card?". The good news is, yes, yous can. Only you'll need to program well. Depending on your situation, at that place may also be consequences for your return or your pending naturalization application. We explore these in more detail below.
How Long Can a Light-green Carte Holder Stay Outside the United states?
You tin can stay outside of the U.S. for as long as y'all want. What you need to avert, however, is being regarded as having abased your lawful permanent resident status.
Staying Exterior of the U.S. Also Long
If yous stay outside of the U.Due south. too long, the Customs and Border Protection Officer (CBP officer) at the port of entry (for case, the aerodrome) could question whether you have abandoned (i.e., given upward) your lawful permanent resident condition. The CBP officeholder has admission to records showing your previous entries and exits to the U.Due south. They might enquire you questions such as where accept you been, how long have you been gone, what did yous do there, and what ties yous kept in the U.Southward. while you lot were away.
Requirements for Re-entry
When you get in at the port of entry, there are two requirements you accept to meet to avoid scrutiny from the CBP officeholder. If y'all meet both these requirements, so you volition be allowed back into the U.S. without whatsoever trouble. If one of them is lacking, then you might come nether the CBP officeholder'due south scrutiny. These 2 requirements are:
- You must have been outside of the U.S. for under 180 days (6 months), and
- You must not accept abased your LPR status by making a trip away that wasn't temporary (i.e., all your visits outside of the U.S. must be temporary).
The best way to avoid abandoning your LPR status is to make sure the U.S. is your principal home and get out the U.South. for temporary visits. Essentially you need to make sure you lot are in the U.S. for more days in a yr than y'all are outside of the U.S. All your trips must also have a temporary purpose (for case visiting your family or going on a concern trip).
Let'due south have a look at these two requirements in more detail.
What is the 6-Month Rule?
As we explained above, the vi-month dominion is one of the elements to testify you have non abandoned your LPR status. If you are outside of the U.Due south. for more than 180 days (six months) in a twelvemonth, you could be regarded as having abandoned your LPR status.
Information technology isn't but consecutive days that count towards the half-dozen-calendar month rule. The 6-calendar month dominion counts the total days (consecutive or not) in which you were outside of the U.S. This total must be less than 180 days if you want to avoid scrutiny.
But remember, just beingness exterior of the U.Due south. for less than 180 days in a year doesn't automatically mean the CBP official won't scrutinize your travels. If the CBP official believes your stay outside of the U.S. was not temporary, they tin can still conclude that yous've abased your LPR status.
How "Temporary" is Defined
Now you know your visit exterior of the U.S. must have been temporary. Simply how is "temporary" divers precisely, and how will you know when your trip volition be regarded every bit not existence temporary?
Unfortunately, in that location isn't a specific time limit that the judicial courts regard as existence temporary. Whether your trip was a temporary visit abroad has a lot to do with the purpose you traveled for and the intention you lot had when traveling, and not necessarily the bodily time you were away.
Legal Definition of Temporary
You tin can read more than about how the courtroom has tried to define "temporary" here. Unfortunately, their definition is all the same very vague.
Basically, you need to testify the purpose of your travels was temporary. Visiting your family unit, going on vacation, or traveling for work would be regarded every bit temporary. Showing your ties in the U.S. such as owning or renting a belongings, having a U.S. banking concern business relationship, and filing taxes in the U.S. volition also assist show yous intended to return to the U.S. permanently after your temporary travels.
Practise You Have to Return Every six Months?
The brusque reply is no, you don't accept to. If you will be traveling for an extended time, you just need to make sure yous accept the correct documents. Returning every 6 months will aid your LPR status not coming nether scrutiny or possibly existence regarded as being abandoned. Only in that location is no requirement that yous accept to return to the U.S. every 6 months.
How to Return to the U.S. After Travel
If you know y'all volition exist traveling extensively or you volition be exterior of the U.Southward. for an extended corporeality of time, information technology is essential to plan alee and get the right documents. This will assistance show yous haven't abandoned your LPR status and will prevent you lot from existence denied entry back into the U.S.
Gaining Re-entry is a ii-pace process:
- Having valid entry documents
- Applying for a Re-entry permit
Read on to learn about each of these steps.
Valid Entry Documents
As a green card holder, you lot need to evidence certain documents earlier yous volition exist immune back into the U.Due south.
If you lot are outside of the U.S. for less than 1 year, you volition only demand your greenish card (I-551) or a returning resident visa to re-enter the U.S.
If you will, nonetheless, be outside of the U.S. for longer than 1 year, you will need to apply for a re-entry-entry allow.
Applying for a Re-entry Allow
If you programme to stay outside of the U.South. for longer than ane year, you will have to apply for a re-entry permit. Otherwise, you lot will not be immune dorsum in. You have to employ for the re-entry allow (too known every bit the Class I-131, Awarding for Travel Certificate) with the U.s.a. Citizenship and Immigration Services before you leave on your trip. Y'all can't use for one when y'all are outside of the U.S., so make sure to utilize before you go out.
Remember that your re-entry permit volition but exist valid for 2 years from the date information technology was issued. This menses cannot be extended. If you stay outside of the U.Due south. by your re-entry permit's "expiration date", yous may exist denied entry dorsum into the U.Southward. Note if you are a conditional permanent resident, your re-entry permit will expire on the same solar day your conditional permanent residency expires.
Y'all can find more than data on applying for a re-entry permit hither.
Can Permanent Residents Go out the U.S. Multiple Times and Return?
As an LPR, you can leave the U.S. any number of times you desire and return as long as y'all don't abandon your LPR status, and you have the correct documents to re-enter.
Go on in mind that even though you will exist able to come back to the U.Southward., staying exterior of the U.S. for more than ane yr could mean your waiting periods for naturalization will have to start over from scratch. To prevent this from happening, you tin can file a Form N-470, Awarding to Preserve Residence. You tin read more about Form N-470 here.
Read More
- Green Card Procedure Steps: EB-1, EB-2, and EB-3 Visa
- SSN Update Later on Green Card
- How Long Does it Take for USCIS to Make a Conclusion Afterward an Interview?
- Can You lot Exist Deported if Yous are Married to an American Denizen?
- Which Countries Can You lot Visit With a Dark-green Card?
Concluding Thoughts
Now you know the answer to "tin I stay more than 6 months outside the U.S. with a green carte du jour?". Yes, yous can, equally long every bit you only travel for a temporary purpose. Otherwise, you might be regarded as having abased your LPR condition. Don't be caught off baby-sit when returning from your travels. Program well and know the facts. Recall, if you volition be away for more than a year, make sure you utilize for your re-entry permit before leaving.
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