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  #1 (permalink)  
Old 03-05-2012, 01:36 PM
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Default Can you stay abroad for more than 6 months after getting GC?

Hi there,

I got my GC last year for me and my family. Currently my family is in India for the past 6 months and they want to extend for another couple of months. Would that be a problem for her when she enters US? She would have spent about 8 months by then.

Is there any rule that, one must not stay for more than 6 months abroad?
Please let me know if you know any such rules...in the mean time I am also 'googleing' a lot to find out...so far not able to get any concrete information.

Thanks!!!
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  #2 (permalink)  
Old 03-05-2012, 02:10 PM
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Default

It becomes subjective. She will need to prove that she had family and financial ties with US during her period of absence.

USCIS - International Travel as a Permanent Resident
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  #3 (permalink)  
Old 03-05-2012, 02:33 PM
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Default

They can be more strict with this since the period of continuity has to be established for naturalization process. After a certain period the continuity is broken and she starts the 5 year requirement all over again. It is for this reason that at the POE they are checked carfully as to how long they have been out. If she can proved sufficient financial or other interests in the US, periods of stay less than a year could be OK. The more you stay out the riskier it gets but dont be too much concerned. Just carry the bank statements, active drivers license, any W2s of IT statements, lease etc etc to prove strong ties to US.
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  #4 (permalink)  
Old 03-05-2012, 02:46 PM
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Default 11 months

My Parents have green card and they stay in the US for 4-8 months and travel back to India. Last 4 years they have been staying in India for 11 months (max allowed). Last they came, they were warned by IO@ POE that if they stay out again for 11 months, USCIS will cancel their GC. IO said that he was going to put a note in the computer (?? Don't know if he can do that or he was just bluffing). Anyways, the GIST is that if they are just doing it first time and like others suggested, if they can prove ties, it might not be an issue.

HTH.
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  #5 (permalink)  
Old 03-05-2012, 04:25 PM
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Default

Quote:
Originally Posted by LostInGCProcess View Post
Hi there,

I got my GC last year for me and my family. Currently my family is in India for the past 6 months and they want to extend for another couple of months. Would that be a problem for her when she enters US? She would have spent about 8 months by then.

Is there any rule that, one must not stay for more than 6 months abroad?
Please let me know if you know any such rules...in the mean time I am also 'googleing' a lot to find out...so far not able to get any concrete information.

Thanks!!!
If they want to stay away more than 6 months, they may be questioned and may let go (may be sent to secondary inspection to provide necessary justification for staying beyond 6 months). If such occurrence happened again, then it may be difficult to entry to US.

If you know in advance, apply for a re-entry permit that can provide you 2 years to be away from the country but will break the continuous residency rule. Any previous time stayed in US will not be considered, if you use re-entry permit.

Thanks
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  #6 (permalink)  
Old 03-05-2012, 05:21 PM
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Default Thank you

Thanks for all the inputs.
My family is coming before 6 months is completed abroad. The issue is, ew have to go to India again after 2 months for her brothers wedding. I could save a lot if only they could stay back...and join me while returning from India.

So, to maintain status after Green Card, we have to be careful, I guess, when it comes to traveling abroad.
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  #7 (permalink)  
Old 03-05-2012, 05:24 PM
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Default

Quote:
Originally Posted by we_r_d_world View Post
My Parents have green card and they stay in the US for 4-8 months and travel back to India. Last 4 years they have been staying in India for 11 months (max allowed). Last they came, they were warned by IO@ POE that if they stay out again for 11 months, USCIS will cancel their GC. IO said that he was going to put a note in the computer (?? Don't know if he can do that or he was just bluffing). Anyways, the GIST is that if they are just doing it first time and like others suggested, if they can prove ties, it might not be an issue.

HTH.
When you say "Last 4 years they have been staying in India for 11 months (max allowed)." did you mean they stayed 11 months at a stretch in the last 4 years or is it all together 11 months in the past 4 years?
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  #8 (permalink)  
Old 03-06-2012, 04:43 AM
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Default

Quote:
Originally Posted by we_r_d_world View Post
My Parents have green card and they stay in the US for 4-8 months and travel back to India. Last 4 years they have been staying in India for 11 months (max allowed). Last they came, they were warned by IO@ POE that if they stay out again for 11 months, USCIS will cancel their GC. IO said that he was going to put a note in the computer (?? Don't know if he can do that or he was just bluffing). Anyways, the GIST is that if they are just doing it first time and like others suggested, if they can prove ties, it might not be an issue.

HTH.
If you want to find out if he made an entry, you can make a freedom of information request and you will get your file. (With io officer name blanked out)
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