What happens if I stay more than 6 months outside of the US?

Extended Absences from the US: Implications for Permanent Residents

Individuals holding permanent resident status in the United States must meticulously consider the consequences of extended absences from the country. While brief trips abroad may not pose significant challenges, periods exceeding six months necessitate cautious planning and documented evidence of strong US ties upon return.

Extended stays abroad, especially those exceeding one year without proper documentation, can jeopardize permanent resident status. Failure to demonstrate sufficient US connections may result in the government questioning the individual’s intention to reside permanently in the United States. This could lead to the initiation of removal proceedings, potentially resulting in the loss of permanent residency.

To avoid such scenarios, permanent residents should adhere to the following guidelines when planning extended absences:

• File for Re-Entry Permit: If an absence is expected to exceed one year, it is advisable to apply for a re-entry permit, which will allow the individual to return to the US after an extended stay abroad without having to go through the entire immigrant visa process again.

• Maintain US Ties: While abroad, permanent residents should maintain strong connections to the United States by regularly visiting family and friends, paying US taxes, and maintaining financial ties, such as bank accounts and property ownership.

• Document Absence Reasons: A valid reason for the prolonged absence should be documented and provided to the government upon return. This may include medical reasons, family emergencies, or military service.

• File for Extension of Re-Entry Permit: If circumstances prevent the individual from returning within the validity period of the re-entry permit, an extension may be requested with appropriate justification and documentation.

• Consider Legal Consultation: For complex situations or concerns, it is highly recommended to consult with an immigration attorney for guidance and support.

It is essential to remember that the burden of proof lies with the permanent resident to demonstrate their continuing intent to reside in the United States. By adhering to these guidelines and seeking professional advice as needed, permanent residents can mitigate the risks associated with extended absences abroad and safeguard their permanent residency status.