Legal Question in Immigration Law in New Jersey

The rule is that an LPR who makes trips abroad that aren't "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.

You may have heard that as long as you return before six months, you'll be ok. 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 the following 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 judicial 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 vacation. 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.

You can be out of the country for under 6 months without a re-entry permit & you should be just fine. For 6 months or longer, you must apply for a re-entry permit so you don't lose your LPR status. The re-entry permit should be valid for 2 years.

As far as coming & going on a regular basis, that depends on the case, the reasons for the trips outside the U.S., whether or not you are planning on filing for naturalization later on, etc.