Legal Question in Immigration Law in Washington

Re: what could break the residensy?

Staying out too long. If you stay out for more than six months without a re-entry permit, you might have a problem, if you stay out for more than 1 year without a re-entry permit, you have a problem.

Re: what could break the residensy?

Dear Inquirer:

DHS takes the position that an absence in excess of one year is an "abandonment" of your green card. This may be challenged in Immigration Court, however, one must prove that the absence of more than one year was not intentional and due to circumstances beyond your control. To maintain "residency" for the purposes of filing for naturalization, you must have no single absence in excess of 6 months and you must be physically present in the US for at least 1/2 of the five years (three if married to a US Citizen) preceding your application for naturalization.

A reentry permit will allow you to remain out of the US for up to 2 years without abandoning your green card, however, it will not preserve your residency for purposes of naturalization.

I recommend that you email me directly or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.