Re-enter after more than a Year


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Me and my wife are both greencard holders. 

My wife will be traveling to india and stay there for more than a year.

 

I read in the articles that you cannot stay more than a year, if yes, a re-entry permit is needed. It is stated that a re-entry permit doesnot gurantee an entry in to US.

 

Can she come once in 6 months stay here for a month and go to india, without losing the greencard status.

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As a permanent resident you should always apply for and receive a re-entry permit before traveling abroad (especially to your home country) for a period longer than what would reasonably be a vacation (e.g. anything longer than a couple months).  It is important to note that a re-entry permit must be approved and received prior to leaving the U.S. -- so plan accordingly.

 

While a re-entry permit can be for up to 2 years (maximum) absence from the U.S., there are no guarantees that the USCIS will not deem that your wife has abandoned her permanent residency (green card) the longer she is away.  Also, there are no guarantees by returning to the U.S. for a short period (and if she does return, she would have to apply for and received another approved re-entry permit before leaving again.)

 

With those cautions, re-entry permit(s) for that time(s) abroad should suffice for a planned absence from the U.S. with a valid reason (e.g. family requirement, work abroad) and you remaining in the U.S.

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Coming to the US every 6 months also doesn't guarantee entry. An LPR has to live in the US. Visiting once in a while is not and has never been enough.

The important thing is that the travel abroad is temporary in nature, with a clear ending date.

That doesn't seem to be the case here.

Moving abroad without a clear ending date results in abandonment of the GC right when leaving.

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Thanks all for the reply.

For now the plan is, going to india on mid of Jan and come back by April end. 

 

It will be nearly for months, Is that ok to enter without a re-entry permit or she has to get a permit?

 

In the CBP website it states that you donot need to get a re-entry permit if you enter US within 6 months.

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It typically takes between 6 weeks and 120 days for processing and approval of a re-entry permit application, so based on the dates posted that is not an option for your wife's trip outside the U.S.  Remember the USCIS (including CBP) information on a permanent resident re-entry to the U.S. are general rules and not specific regulations so there are no guarantees.

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