I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

Re:I'm Peter Roberts, immigration attorney who does work for... by Martin_Gouy on Thursday October 13, 2022 @11:04AM (#33192011)

Hello! Thank you for doing this. My question:As a green card holder, do I have to be in the US at least 6 months of the year OR I cannot spend more than 6 months outside of the US (5 months outside, 1 in US, 5 months outside, would be authorized ).

Thank you very much

[ Parent | on HN ]

Re:I'm Peter Roberts, immigration attorney who does work for... by e63f67dd-065b on Thursday October 13, 2022 @11:12AM (#33192135)

The 5 months out / 1 mo in / 5 mo out again would be frowned upon by the admitting officer. They still have to let you in, but you risk being referred to an immigration judge depending on how the officer is feeling that day.

As per the handbook (https://www.uscis.gov/policy-manual/volume-12-part-d-chapter...):

> An officer must review extended or frequent absences from the United States to determine whether an applicant has met the burden of establishing that he or she has maintained LPR status. This applies regardless of length of time or if the applicant was permitted to return to the United States as an LPR at the port of entry after the absence.

So even if you risk it it'll still reflect poorly during naturalisation.

[ Parent | on HN ]

Re:I'm Peter Roberts, immigration attorney who does work for... by proberts on Thursday October 13, 2022 @12:07PM (#33192918)

Putting aside the impact of time outside on the ability to naturalize, from a maintenance of green card standpoint, you can spend more than 6 months outside and keep your green card. The easiest way to do this is to get a reentry permit.

[ Parent | on HN ]

Re:I'm Peter Roberts, immigration attorney who does work for... by Martin_Gouy on Thursday October 13, 2022 @01:08PM (#33193778)

Thank you both for your answers!

[ Parent | on HN ]