Denver, CO asked in Immigration Law for Colorado

Q: LPR documents requirement when travel outside U.S.

My mom is LPR, and she plans to travel outside U.S. in this summer. After reading the document "Traveling outside of the U.S. - Documents needed for Lawful Permanent Residents (LPR)/Green Card holders" on U.S. Customs and Border Protection website. it says," Foreign nationals who have applied for permanent residency may need to be approved for advance parole prior to traveling out of the U.S.In order to be readmitted when traveling back to the U.S. (H1, H4, L1, L2, K3, K4 or V2, V3 holders do not require advance parole to travel abroad after applying to adjust status." I wonder, does my mom need to file parole prior in advance in order to be readmitted when traveling back to the U.S. ?

Another concern, her green card will expire on March 2018. Is she ok to travel outside U.S. in December?

As a LPR, how long can she stay outside U.S.? How many days can she stay outside U.S. if she travels multiple times during a year?

Thank you in advance for your response

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1 Lawyer Answer

A: For all the specifics either contact an immigration attorney or visit the USCIS office in Denver (schedule a meeting online because they do not meet non-scheduled parties). An attorney will charge a fee and the USCIS will not charge you (but you will have to wait).

Advanced parole is for people who are applying for PR status, but have not been granted formal PR approval. That is, provided the green card is still valid advanced parole is not usually required.

Within the confines of "temporary" travel, there are no restrictions of how many times a permanent resident leaves the US, provided that they still meet the minimum period of time in the US required to maintain the PR status (i.e. 6 months or longer outside the US can result in LPR abandonment).

For the details of PR requirements review the PR application instructions. The USCIS webpage should also have this information available.

Depending on when your mother is outside the US and when she files for a renewal an advanced parole may be required.

Finally, remember a valid green card AND a valid foreign passport are required to leave and reenter the US for green card holders.

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