QUESTION

Is there a way to retain my green card without the option of re-entry permit if I am leaving the US for more than 2 years?

Asked on May 09th, 2014 on Immigration - California
More details to this question:
I'm a green card holder for a couple of years already and I will be leaving the US next month. I will go to my home country. I just feel like this is not yet the right time for me to stay in the States. But I want to know, is there any option to retain my green card WITHOUT the option of re-entry permit because I will be out of the US for more than 2 years?
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3 ANSWERS

No, there is not. Unless you are a US citizen, which means you can live outside the US for as long as you want without losing that status, if you are a permanent resident, you have to have a reentry permit in order to remain outside the US for an extended period of time and not lose your status.
Answered on May 14th, 2014 at 11:11 AM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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Hello: After 1 year, you cannot enter the U.S. again on the Green Card unless you can show there was no abandonment. To request the abandonment of residence When a legal permanent resident has been outside the U.S. for over a year, you can no longer enter their Legal Permanent Resident Card. In this case, it is necessary that the application for abandonment of residence is not present. We should develop a legal report and statements, affidavits, medical reports, and all other supporting documents to show why residents do not return to the U.S. assigned in the year. Supporting documents more we have to justify the criticism that the resident did not return to the U.S., the chances of success. Once the application is prepared and presented, it usually takes one to three months to get a decision.
Answered on May 12th, 2014 at 11:15 PM

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Employment & Labor Attorney serving Culver City, CA at Law Offices of Christine Green
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The most guaranteed way is to apply for the re-entry permit and it is a safer bet! There is also the option of applying for a returning resident visa, however you will have to show that you did not intend to abandon your US residence.
Answered on May 12th, 2014 at 11:15 PM

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