Legal Question in Immigration Law in New York

Length of stay outside United States

I'm a permanent resident here. How long can I continuously stay outside USA? Can I reenter holding valid green card after a 2 year visit to my home country?


Asked on 2/09/08, 8:54 am

1 Answer from Attorneys

Patrick Klauss Berd & Klauss, PLLC

Re: Length of stay outside United States

After six months absence from the U.S. there is a rebuttable presumption that one has abandoned their permanent residency. If one knows they will be absent from the U.S. for more than a year, they should apply for an advance parole document as evidence of their intent to remain a permanent resident. A two year absence may be problemtaic despite obtaining an advnace parole document.

It is advisable you speak with an immigration lawyer before departing the U.S. regarding your ability to maintain permanent residency.

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Answered on 2/10/08, 3:12 pm


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