How can I prolong my stay outside of the US as a green card holder? 8 Answers as of September 09, 2011

I got my green card Dec 2010 (sponsored by my wife who is a US citizen). We recently had a baby in Canada, and the baby's paperwork and my Job here in Canada require me to stay here a bit longer before I can move (I'd also like to have a job lined up before I land in the US). I have been traveling back and forth to the US, but the INS officers at the border were adamant that I need to land there soon or they will revoke my green card. What is the best course of action (beside leaving my life here immediately and moving over without a job!)? Thanks in advance for your answer.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Unfortunately, you have a responsibility to not leave the country without permission for more than 180 days at a time. You will need to make your plans to come back before the running of 180 days from the last time you departed the USA, or else get Advance Parole to go back and forth temporarily. It seems it's not worth it so soon before you are set to come back, so I would come now, so that you do not ruin your permanent residency status.
Answer Applies to: California
Replied: 9/9/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
You may apply for a travel document, aka "white passport". With that, you can stay up to 2 years without losing your status.
Answer Applies to: Nevada
Replied: 7/19/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
You should obtain a reentry permit that will allow you to remain abroad for some time. You should also maintain bank accounts, property, and other connections to the U.S. and continue to pay U.S. income taxes to prove your intent to return to the U.S. You may want to speak with a lawyer soon to build a detailed plan. This is a much easier problem to deal with ahead of time than after your green card is revoked.
Answer Applies to: New Jersey
Replied: 7/19/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Nonsense traveling back and forth between here and Canada should not cause you to lose your residency unless you stay out of the country for more than a year. However, if you wish to stay out of the country for more than a year then you can apply for a re-entry permit.
Answer Applies to: Florida
Replied: 7/19/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Come back into the U.S. and file for a re-entry permit (you dont have to wait for it to be approved it will be sent to the U.S. consulate in Canada); you can remain outside the U.s. for 2 year periods once filed.
Answer Applies to: Florida
Replied: 7/18/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    You should look into filing a re-entry permit very soon with DHS.
    Answer Applies to: California
    Replied: 7/18/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    Document all your ties to the US and document the temporary emergency factors that are keeping you from re-entering the US. If you can show that you are in the process of moving, this will be helpful.
    Answer Applies to: Texas
    Replied: 7/18/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You should return to the U.S. and apply for a Re-entry Permit. The application must be filed from within the U.S. It is also important to establish some ties with the U.S. (e.g. have a bank account, apply for and renew driver license, file your taxes) The Re-entry Permit will allow you to return to the U.S. as a permanent resident after a period of up to two years.
    Answer Applies to: California
    Replied: 7/18/2011
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