Legal Question in Immigration Law in New Jersey

Green Card

My wife is green card holder, how long she can stay out side United state? She use to stay 11 months but some one told me that law get change and now she can stay only 6 months.

Is is true?

Thanks for help.


Asked on 10/24/04, 4:58 pm

1 Answer from Attorneys

Deborah Frankel Deborah Frankel

Re: Green Card

Your wife can legally stay out no more than one day less than one year. However,to avoid possible problems it is best not to stay out more

than 6 months. If she has a re-entry permit she can stay out up to one day less than two years. However, using a re-entry permit to stay out

more than one year will break the counting for US citizenship. Also if she stays out more than 6 months but less than one year there can in

some instances be a presumption of abandonment of residence which can cause problems in the citizenship application.

Please contact me, or my colleague Allen Kaye, if we can be of further assistance to you.

Law Offices of Allen E. Kaye, P.C.

111 Broadway, 13th Floor

New York, New York 10006

Phone: 212-964-5858 Fax: 212-608-3734

Cell Phone: 917-699-7159

Email: [email protected]

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Answered on 10/25/04, 7:35 am


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