Abandonment of Status

[Brian92]

From my understanding if you leave America for over 6 months or 1 year(not sure) you will "abandon" your green card status. My question is what if you have a job that would require you to stay in China for a year or so? Is there any way let the government know and have them make an exception? (This is assuming you have held your green card for only a few months.)

 

Thank you for your time.

[HotBaozi]

From my understanding if you leave America for over 6 months or 1 year(not sure) you will "abandon" your green card status. My question is what if you have a job that would require you to stay in China for a year or so? Is there any way let the government know and have them make an exception? (This is assuming you have held your green card for only a few months.)

 

Thank you for your time.

 

It's the discretion of the US customs agent to determine whether a green card has been abandoned or not. It's strongly recommended to return before six months. You can file for an extended time away from the US, up to two years, but you must do it before you leave. I forget the name of the provision, but it's available to green card holders.

 

https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

Edited February 8, 2017 by HotBaozi (see edit history)

[dnoblett]

File an I-131 for a travel document, it will allow a leave for up to two years.

More: https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Things to do is maintain us domicile, file your tax returns while out of the states.

However if you anticipate a long time away it may be less painful goto abandon the greencard apply for a visit Visa to allow trips to the USA and once you do plan your finally live in the states permanently apply for another spouse visa.

Edited February 8, 2017 by Randy W
sp. (see edit history)