Can I spend time outside of the US without compromising my green card status? 5 Answers as of June 10, 2011I have a green card and I know that if you are more than 6 months out of the USA, it will be taken from you. But what if during the year(from Jan to Dec) I just go out of USA for 5 months, then come back to USA for 1 month and then go out of the USA again for 5 months? Could I do that without compromising my residency? Thanks
Fong & Associates | William D. Fong
You should have no problem if you can enter within 180 days (6 months) of leaving the US. You should maintain all your ties to the US, such as: paying taxes, maintaining residence, driver's license, bank accounts, insurance, etc. If you think you are going to do this several times, then you should apply for a re-entry permit using form I-131. They are good for 2 years and serve as an affirmative filing to show to the CBP officer at the port of entry that you do not intend to abandon your permanent residence.
Answer Applies to: Texas
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Your green card is only deemed abandoned if you are outside the U.S. continuously for one year or more. If outside the U.S. for over 180 days but less than one year, there is a rebuttable presumption of abandonment; if you show your intent to return to the U.S. If you are going to be outside the U.S. for one year or more, then file a re-entry permit which allows you to remain outside the U.S. for up to two years, without losing your green card.
Answer Applies to: Florida