QUESTION
For how much time can a green card holder travel outside the US?
Asked on Jun 16th, 2011 on Immigration - Oregon
More details to this question:
My mom is a permanent resident of USA. She is 63 years old, and lives in Bulgaria with my dad and the entire family. My sister and I are US citizens, married and live in the US. My mom received her green card recently. My question is: is there a minimum of time my mom needs to stay in the US to maintain her green card status? Our immigration lawyer said she needs to enter US every six months. Is this true? I also called USCIS, and all they said was that my mom shouldn't stay out of USA for more then a year, or she'll need a permit-document. My mom can stay in the US for six months, but entering exactly every six months would be very inconvenient. So which one is true: should she enter USA every six months, should she stay in the US six months per year, or is it OK for her to just come visit?
2 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
If her primary time will be spent overseas I recommend she file a Reentry Permit to have more flexibility on having to return. You need to be very careful that she doesn't inadvertently abandon her green card that you worked so hard to obtain. This is a factual determination on her ties to the U.S. - is she filing U.S. tax returns, does she have a domicile in the U.S., bank account in the U.S. etc.
Answered on Jun 20th, 2011 at 11:34 AM
If your mom wants to stay out of US for more than 1 year, you need to apply for re-entry permit, which will allow her to enter US after staying abroad for up to 2 years.
Answered on Jun 20th, 2011 at 11:01 AM