Nancy678 Posted August 23, 2023 Report Share Posted August 23, 2023 (edited) Hi, I traveled to India in 2022 for 4 months( April to May and October to mid-December). I traveled again recently in mid-March 2023 till May to India for two months . I am planning to travel again in September 2023 for 2.5 months. My question is Can I do that ? How do CBP officers count 6 months outside the country? When the year starts for their counting? Is it calendar year from January? Please advise. Really appreciate. Thank you. Edited August 23, 2023 by Nancy678 Quote Link to comment
Attorney_17 Posted August 23, 2023 Report Share Posted August 23, 2023 If an LPR spends over 180 days outside of the US at a time, there is a rebuttable presumption of abandonment of permanent residence. However, for permanent residents, CBP looks at both the duration and the frequency of travel. This means that there is no requirement that a person spend a certain amount of time inside the US within a given year. Rather, CBP will look at the culmination of all travel. Travelling for a few months at a time generally does not cause issues if the person is able to demonstrate that they are living in the US and travelling out occasionally. Each case is unique and you are advised to consult with a qualified immigration attorney about your specific circumstances. Quote Link to comment
Nancy678 Posted August 28, 2023 Author Report Share Posted August 28, 2023 Thank you for your response. Quote Link to comment
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