Legal Question in Immigration Law in New Jersey

The rule is that an LPR who makes trips abroad that are not "temporary" loses that status. There is no specific time limit for what "temporary" means. Each situation is evaluated on its own, and all factors weighed and considered. It is quite possible that an LPR could spend more than two years outside the US and not have abandoned her or his status. It is also possible that an LPR could make numerous trips of less than six months each outside the US and be found to have abandoned her or his status. Numbers alone do not tell the whole story; they are one part of the story and must be looked at in context. The overall guiding principle is whether or not the LPR had an objective intention to return to the US after a relatively short trip abroad, fixed by an early event, or that the LPR intended that the trip would end after an event that would occur in a relatively short period of time.

Factors typically considered in determining whether an LPR abandoned his or her status include (this list is not exhaustive):

-- Family ties: Does the LPR have family in the US with whom he or she is in regular contact? Or are the LPR�s close family members living in another country with no plans to move to the US?

-- Job: Does the LPR have a job in the US that he or she can return to? Or is he or she working outside the US?

-- Income tax returns: Is the LPR filing as a US resident?

-- Club memberships and other community ties: Is the LPR actively connected to clubs or other organizations in the US?

-- Property: Does the LPR own or rent property in the US? Does the LPR own or rent property in another country? Does the LPR have bank accounts in the US?

When you return to the US with your wife, the CBP Officer will likely question your wife regarding her extended stay outside the US. They generally question everyone who's outside for more than six months. You should be prepared to present clear evidence that her stay abroad was for a clear, temporary purpose and that she retained ties to the US that�in comparison to her ties abroad�evidence her intent to return to live here once her temporary stay abroad was over.

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