Staying in India more than 6 months (10 to 11 months) on Green Card

[Kiransband]

Hello,

 I am reaching out regarding my mother's situation. She currently holds a green card and traveled to India in August with plans to return to the USA in January. However, she is now contemplating extending her stay until June, totaling 10 months.

I've researched online, and information regarding stays longer than six months but less than a year seems vague. Most resources recommend staying within the six-month timeframe for safety, citing potential complications for stays exceeding a year.

To ensure a smooth re-entry, I would greatly appreciate any guidance or clarification on this matter. The online resources I've consulted lack specific information for a stay of her intended duration. Considering the importance of her immigration status, I want to gather accurate information to make informed decisions.

Thank you for your time and assistance.
 

[Attorney_22]

26 minutes ago, Kiransband said:

Hello,

 I am reaching out regarding my mother's situation. She currently holds a green card and traveled to India in August with plans to return to the USA in January. However, she is now contemplating extending her stay until June, totaling 10 months.

I've researched online, and information regarding stays longer than six months but less than a year seems vague. Most resources recommend staying within the six-month timeframe for safety, citing potential complications for stays exceeding a year.

To ensure a smooth re-entry, I would greatly appreciate any guidance or clarification on this matter. The online resources I've consulted lack specific information for a stay of her intended duration. Considering the importance of her immigration status, I want to gather accurate information to make informed decisions.

Thank you for your time and assistance.
 

The specific standard of review for a stay outside the U.S. of greater than six months, but less than one year, is that there is a rebuttable presumption the green card has been abandoned. This means, that it is not automatic, and your mother can argue the stay was temporary in nature and why, and provide details regarding her ties to the U.S. 

[Kiransband]

Oh ok Thank you for the quick response