How Long out of Country

[Yuanyang]

We have CR1/CR2, Green cards and SSNs. Now we're looking at the daughter returning to China for school for the next 10 months.

 

How long can she stay without consequences to her immigration status?

 

Edit: Ok, I think I found it at http://www.uscis.gov/graphics/howdoi/PermRes.htm

A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

Edited October 23, 2006 by Yuanyang (see edit history)

[dnoblett]

From USCIS site.

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

 

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
  
• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  
• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  
• Fail to file income tax returns while living outside of the US for any period.
  
• Declare yourself a ¡°nonimmigrant¡± on your tax returns.
  

http://www.uscis.gov/graphics/howdoi/PermRes.htm#maintain

 

Should be fine as long as green card dose not expire while out of country. But a renetry permit is needed if more than 1 year.

[david_dawei]

just to comment a little on this issue.. There is both the letter and spirit of the law...

 

However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

 

The concern should be on entry and intent (that intent word seems to follow us throughout this process)... While the entry issue might often hinge on a certain number of days (1 year), the intention does not necessarily, as the quote shows.

 

The intention should always be to maintain one's immigrant status and not be viewed as having abandoned it for any reason.

 

I would give her paperwork stating the intention of her visit to china, the duration (shows it's intented to be or a duration with an expected end) and where her permanent residence is in the US, and her family contact info in the US, etc...

 

I don't think you have anything to worry about, but consider the risks involved, one should be a little careful IMO.