QUESTION
Ho long can my mother stay before going back?
Asked on Jun 13th, 2012 on Immigration - California
More details to this question:
My Mom is already a 2 years Permanent Residence or green card holder and she is staying with my brother in Ca. She went home in the Philippines last March 11, 2012 for vacation and take care of some family issues. How long or what is the allowable and safe duration (months) she can stay before going back?
7 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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Under 6 months.
Answered on Jun 14th, 2013 at 12:24 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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She can stay in the Philippines safely for up to 6 months. Anything longer, and immigration may accuse her of abandoning her residency. If she needs to stay longer for business, she can apply for a reentry permit on form I-131.
Answered on Jul 10th, 2012 at 10:15 AM
She cannot stay outside the US for more than 6 months unless she obtains prior approval for an extended stay abroad by way of a re-entry permit.
Answered on Jul 06th, 2012 at 11:20 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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After 6 months there is a presumption of abandonment.
Answered on Jul 03rd, 2012 at 4:16 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your mother must not be out of the U.S. for more than one year, other she will be deemed to have abandoned her green card. To be on the safe side, I would suggest that she not be out of the country for more than 6 - 10 months.
Answered on Jun 29th, 2012 at 10:36 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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She should be able to stay under a year. But to be safe, she should come back around 10 months. I would also bring proof of the family emergency she had to deal with. If she is wanting to be a US citizen anytime soon, she should not stay longer than 6 months.
Answered on Jun 29th, 2012 at 5:45 PM
If your mother is out of the United States, as a lawful permanent resident, for more than six months then this could possible trigger a bar to her reentry. DHS/ICE could argue that she abandoned her residence. However, abandonment cases hinge on intent, that is, did your mother intend to abandon her residency status? Anything beyond a year is definitely problematic. Six months or more is also questionable.
Answered on Jun 28th, 2012 at 2:49 PM