I have EB GC. How long can I stay outside of US ?


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I have Employment Based GC which I got in Jul 2011.  There is still 2 1/2 yrs. to file for citizenship.  I want to go back to India and stay with my parents for next 2 years without putting my citizenship status in jeopardy.

 

What is the safest way to be outside of US for maximum period of time without causing any delay in citizenship ?

 

I think I can be outside of US for no more than 6 months on GC. If I want to stay outside of US for more than 6 months then I need to file for AP (Advance Parole). If AP is granted, I may be entitled to stay outside of US for almost 2 years.

 

But is AP a safe option ? Will I have trouble entering US after 2 years on AP ? Will it jeopardize my citizenship case ?

 

Please advise.

 

 

 

 

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For a Permanent Resident, that's actually called Reentry permit. Same form as AP, but different purpose.

A reentry permit does NOT help you with the residency requirements for naturalization. It just allows you to keep the GC for its 2-year validity period.

And even that is not guaranteed.

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You need to discuss the situation and options with a qualified, experienced immigration attorney.  A re-entry permit, which must be applied for, approved, and received prior to departing the U.S., does not guarantee that the USCIS will not still deem that you have abandoned and revoke your permanent residency visa (green card).

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I have Employment Based GC which I got in Jul 2011. There is still 2 1/2 yrs. to file for citizenship. I want to go back to India and stay with my parents for next 2 years without putting my citizenship status in jeopardy.

What is the safest way to be outside of US for maximum period of time without causing any delay in citizenship ?

I think I can be outside of US for no more than 6 months on GC. If I want to stay outside of US for more than 6 months then I need to file for AP (Advance Parole). If AP is granted, I may be entitled to stay outside of US for almost 2 years.

But is AP a safe option ? Will I have trouble entering US after 2 years on AP ? Will it jeopardize my citizenship case ?

Please advise.

It is required for legal permanent resident application. If you are failing to obtain advance parole you must receive approval before you travel.
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  • 1 month later...

It is required for legal permanent resident application. If you are failing to obtain advance you must receive approval before you travel.

This is for after getting the GC.

A reentry permit doesn't have to be approved when the person is leaving. The reentry permit can be sent to a consulate abroad.

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