QUESTION
Length of stay "green card holder " can stay outside the US without re-entry visa .
Asked on May 01st, 2016 on Immigration - Texas
More details to this question:
Hi, me and my three kids are newly immigrant here in the US. We arrived last March 2016 in Houston thru my sister petition 20 years ago . We all got our greencards in the mail after a month . My question is , I have twin kids that wants to go back and finish their last year of high school in Manila .( then back again here) . School in Manila Starts June --March ( 10 months ). This mean they will go back this June and back next yr. March. A lot of people telling us that we cannot go out of uS for monte thAn 6 moths . I 'm confused .. Cause some websites says you can stay outside US for not more than a year . Without obtaining re entry . If this is the case , why people are saying six month only ? Can u pls tell me what is the real answer ? All we want is to finish my sons last year of HS :). Thank you reading this .
1 ANSWER
A stay outside the United States of a year or more automatically triggers a presumption that a person has abandoned their residence. However, stays outside the United States of less than a year can trigger a finding by DHS that a person has abandoned his/her residence. This is why you are advised not to remain outside the United States for more than six months. Stays outside the United States of less than a year but more than six months typically trigger an inquiry into the person's intent. It would be advisable that your children obtain re-entry permits given they only recently immigrated and will spend almost a year if not more outside the country. This also prior st your kids should they stay more than planned. You should start the process ASAP.
Answered on May 02nd, 2016 at 4:06 AM