QUESTION
How long can I live out of the US and still have my green card?
Asked on Dec 10th, 2011 on Immigration - California
More details to this question:
I have a green card and plan to be moving back to Mexico for 3-5 years. Will my green card still be active when I return?
5 ANSWERS
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
No. If you stay outside longer than a year you may voluntarily give up your residency. You need to file for citizenship or at least a re-entry permit. This will allow you to stay outside for 2 years. Then, you can come back again and file for an extension.
Answered on Dec 16th, 2011 at 6:15 PM
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
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If you stay abroad more than 6 months, the government can presume you abandoned your residency.
Answered on Dec 14th, 2011 at 5:06 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
No. You need to obtain a reentry permit to allow you to remain out of the U.S. for up to 2 years. There are also steps you will need to take to demonstrate that you do not intend to abandon your green card such as continuing to pay U.S. taxes on your worldwide income, not filing taxes as a Nonresident Alien, other ties to the U.S.. Before the 2 year period of the Reentry Permit expires you will need to return to the U.S. re-apply for a Reentry Permit and be fingerprinted and then can return to Mexico and have the new Permit sent to you. I suggest a consult to make sure you do everything necessary to hold onto your green card if that is your goal.
Answered on Dec 14th, 2011 at 3:03 PM
You cannot stay outside the US for more than 6 months without risking losing your permanent residence status. You can try to apply for a reentry permit while you are in the US and if you are approved, you will be permitted to stay outside the US for up to 2 years (can be renewed thereafter) without having to return to the US.
Answered on Dec 13th, 2011 at 1:26 PM
Your green card will not be valid for re-entry after an absence of one year and you run the risk of abandoning your resident status. You should apply for a re-entry permit before leaving. This will allow you to remain outside the U.S. for up to two years. You need to return to the U.S. in order to apply for a second two year term. In any event should you make sure to maintain significant ties in the U.S. and always file your U.S. tax return as a resident.
Answered on Dec 13th, 2011 at 9:05 AM