GC status and traveling

[pretty_diya]

Hi, I traveled to US and stayed there 4months. I did not apply for re-entry permit, etc. I think I will go back after 6months or so.

Is my Green card status maintained and do I have to do anything?

[goodness123]

to the best of my knowledge , You have to apply for re-entry permit only if you have plans to stay out of the country for more that 1 year.

Your GC status wont have any problem if you are out of country more that 6 months .

Infact technically you are fine to re- enter till about 11 months and 29 days with out effecting your GC status in anyway.

The immiration officer cannot stop you from entering back to to US if you enter before 11 months and 29 days , they might question you but they cant stop you .

[JoeF]

As a PR, you have to live in the US. It is called "Permanent Residence" for a reason.

All travel abroad has to be temporary in nature.

A reentry permit may help, but there is no guarantee. An officer can still deem that you have abandoned the GC.

See, e.g., http://www.murthy.com/2012/05/18/extended-travel-by-a-permanent-resident-2-of-2/

[pontevecchio]

@admin Would you please intervene and stop erroneous and potentially dangerous and catastrophic results if people go by this advise.

[JoeF]

@admin Would you please intervene and stop erroneous and potentially dangerous and catastrophic results if people go by this advise.

Please make sure which advice you refer to. I know it, but others may not ;)

[BigJoe5]

Hi, I traveled to US and stayed there 4months. I did not apply for re-entry permit, etc. I think I will go back after 6months or so.

Is my Green card status maintained and do I have to do anything?

You sound like a typical new LPR who was not fully ready to make the permanent move and needed to tie up loose ends. This is common when one has been waiting for years and then suddenly the visa becomes available and you have it in hand and it is only good for 6 months (or less) and if you don't travel in time there is another pile of paperwork and new fees involved (YUCK!).

IF that is close to your reality, you should be OK.

Do not stay abroad a full year without a reentry permit (which you don't have and cannot obtain abroad). At one year abroad your greencard is no longer valid as a "travel document" and you would have to apply for a returning resident visa (SB-1) on form DS-117 at the Consulate/Embassy and better have a darn good reason with documentation to back it up.

The SB-1 process is as severe as the original Immigrant Visa Consular Process.

Try not to make a habit of long absences abroad because it can severely delay naturalization eligibility or even risk being deemed as having abandoned LPR status completely.

[BigJoe5]

to the best of my knowledge , You have to apply for re-entry permit only if you have plans to stay out of the country for more that 1 year.

Your GC status wont have any problem if you are out of country more that 6 months .

Infact technically you are fine to re- enter till about 11 months and 29 days with out effecting your GC status in anyway.

The immiration officer cannot stop you from entering back to to US if you enter before 11 months and 29 days , they might question you but they cant stop you .

You are dead wrong about this. Please stop repeating this MISINFORMATION. Stop the madness!

Please read INA Secs. 101 (a)(13)©(i)-(vi) AND if anyone is interested in naturalization see INA Secs. 316(a)&(b) and 319(a) and 8 CFR Secs. 316.2 and 316.5.

[pontevecchio]

@ JoeF

Sorry. I refer to the post by goodness123.