Legal Question in Immigration Law in Florida

A U.S. Legal Permanent Resident can be outside the U.S. without a Re-Entry Permit for up to 179 days. If they are going to be out of the U.S. for 6 months to 2 yrs, then they must apply for a Re-Entry Permit before they leave the country. For more information, refer to www.uscis.gov & search "I-131" or "re-entry permit".

There is no bright line in the sand for the exact number of days. If an LPR is outside the U.S. for more than 180 days, then upon their return to the U.S. they are considered seeking a new admission pursuant to INA 101(a)(13)(C). A reentry permit can be used to help enter the U.S. if more than 180 days has elapsed since departure. Such a permit carries the most weight when filed prior to departure. Each CBP officer will decide each case on a case-by-case basis and the reentry permit is not conclusive or a guarantee to reenter. If a person does not have a reentry permit and have been outside the U.S. for more than 180 days, CBP will question them upon return to determine whether or not that person has abandoned their permanent resident status. In some cases where too much time has passed, an SB-1 visa (or commonly called a returning resident visa) is needed to return. Contact your lawyer or hire a new lawyer if you have questions about your situation.

I disagree with Ms. Hemmings position. I am an attorney with permanent residency and have been out of the US for more that 1 year multiple times.

Please review go to: http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

It is factual based. The Border Inspector can ask you questions and if your answers give rise to conclusion that you have abandon your status, they can hold you, keep your card, or other.

Paying taxes, keeping licenses active, maintaining a residence in the US are all support for your intention that your stay abroad was temporary.

For further clarification, I suggest you contact USCIS directly.