Legal Question in Immigration Law in New Jersey

In order to maintain Lawful Permanent Resident ("LPR") status, he must reside in the US and all trips abroad must be "temporary" in nature. 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 his or her 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 his or her status.

You may have heard that he'll be okay so long as he doesn't spend more than six months outside the US at a time. That is not completely correct. The six-month rule says that an LPR returning from abroad doesn't even count as applying to CBP (Customs and Border Patrol) for "admission" if he or she meets certain requirements. Among others, he or she has been abroad for under 180 days AND he or she has not abandoned LPR status by making a trip abroad that isn't "temporary". This rule tells CBP when an LPR can return to the US without being subject to investigation as to whether he or she meets the requirements for "admission". Being abroad for under six months is one of the requirements but is not enough; the trips abroad must still fall within the definition of "temporary". The clearest example is the "touchdown" situation: somebody who lives abroad but who briefly "touches down" in the US once every five months for a few weeks. This person has abandoned LPR status despite keeping every trip abroad under six months.

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? If you can prove that your residence is in the US, i.e. your family, your home, your job, your financial accounts, etc., then you will not be adjudged to have abandoned your residence.

If your father intends to be outside the US for more than one year, he may want to apply for a reentry permit. It doesn't guarantee entry to the US, as he must still show he's admissible, but it will assist him in establishing his intention to permanently reside in the US.

Please call me at (212) 968-8600. Kind regards, RDM