QUESTION

How long can a green card holder stay away from the USA continuously?

Asked on Aug 22nd, 2012 on Immigration - California
More details to this question:
We were granted green card status in 1996. However, we returned back to India and are living here since then. Is our green card still valid? Is there any way we can re-validate it?
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6 ANSWERS

Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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If a person leaves for 1 year, there is a presumption of abandonment.
Answered on Aug 27th, 2012 at 2:34 PM

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NO, you cannot be outside the US for more than 1 year and keep your green card. Your status is terminated due to abandonment. If you want to get it again, you would have to go through the process of being petitioned again, by a qualifying relative or employer, whatever may apply to you.
Answered on Aug 27th, 2012 at 2:33 PM

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Immigration & Naturalization Attorney serving Seattle, WA at Orbit Law, PLLC
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If you have not returned to the U.S. at all since 1996, your Green Card is no longer valid. A Lawful Permanent Resident will automatically lose their status if they remain outside the country for a continuous period of more than one year. You can re-apply for the Green Card but that would mean waiting in line till the new priority date becomes current.
Answered on Aug 27th, 2012 at 2:33 PM

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If you have been absent from the US in excess of 6 months, immigration may determine that you have abandoned your residency. You can request for advanced permission to return to the US on form I-191.
Answered on Aug 27th, 2012 at 2:33 PM

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Rebecca T White
If you have been outside the US for over a year you have likely lost your greencard status. The reasons for the return may occasionally impact your options, but most likely you would need to reapply for permanent resident status.
Answered on Aug 27th, 2012 at 2:33 PM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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A green card cannot be used to re-enter the U.S. after being away for 1 year. Otherwise, he could file a petition to show there was not an abandonment of the green card, but that will be very difficult to get approved. *Application to Apply for Non abandonment of Residency* When a lawful permanent resident has been outside the U.S. for more than one year, they can no longer re-enter on their Lawful Permanent Resident Card. In this case, it would be necessary for the application for Non abandonment of Residency to be filed. We would have to prepare a legal brief along with declarations, affidavits, medical reports, and all other supporting evidence to show why the resident did not return to the U.S. within the allotted year. The more supporting documents we have showing the critical reasons the resident did not return to the U.S., the better chances of success. Once the application is prepared and filed, it usually takes between one and three months to get a decision.
Answered on Aug 27th, 2012 at 1:08 PM

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