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Question: I am a green card holder. Can I stay for 18 months out of the US. If not what are the longest period I am eligible to stay out of US and are the consequences.
From: Samih, FL 06/15/2008

Response: Hello Samih-

It is not recommended that you spend that much time outside of the United States as a green card holder. While there is no law that specifically states this, the general rule is that staying outside of the U.S. longer than 6 months is a presumption of abandonment of residency. There are ways to show that you had no intention to abandon residency though even with a lengthy stay outside the U.S. and you can even be naturalized outside the U.S. in some instances. This is a complex area of law and so before you do anything I recommend you contact an experienced immigration attorney to discuss all of your options.

Submitted by: Ana Maria Schwartz, Austin, TX  Web site for Ana Maria Schwartz


User Comments

  • From: taimira perez
    State:georgia
    Posted: 12/16/2008
    Subject: imigration question
    Comment: please help. i claimed my stepdauther from chile. she came with a permanent
    residentcy, she was only 11 years old when she came, after 5 years she went back to chile and has been there since. i would like to know if theres a way of bringing her back but now she has a baby of 1 year old and my stepdauther is only 17
    years old now. please let me know what i could do. do i have to apply again and will the US let her back in.

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