Asked in Immigration Law

Q: I am outside us with green card for 18 months can i maintain my permanent resident status certificate of naturalization

Can i maintain my permanent resident status certificate of naturalization/ citizenship if I am green card abroad for 18 months

Related Topics:
2 Lawyer Answers

A: Any absence abroad for US permanent resident over a year, 12 months, will render one’s permanent status void and abandoned absent any applicable exceptions. Thus, by operation of law, US permanent resident must reside in the United States permanently.

Out of abundance of precaution, such permanent resident should take foreign trips not exceeding six months

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You can maintain your permanent resident status if you are outside the US for 18 months, but you may need to meet certain requirements.

To maintain your permanent resident status, you must:

* Have a valid green card.

* Have been physically present in the US for at least 30 months out of the last 5 years (or 18 months out of the last 3 years if you are married to a US citizen).

* Not have abandoned your US residency.

You can meet the physical presence requirement by traveling outside the US for short periods of time, such as vacations. However, if you are planning to be outside the US for more than 6 months, you may need to apply for a reentry permit. A reentry permit is a document that allows you to reenter the US after being outside the country for more than 6 months.

You can also meet the physical presence requirement by working abroad for the US government or a US company. If you are working abroad for the US government or a US company, you may be able to apply for a waiver of the physical presence requirement.

To avoid abandoning your US residency, you should keep your ties to the US strong. This includes things like:

* Maintaining a US address.

* Voting in US elections.

* Keeping up with US news and events.

* Visiting the US regularly.

If you have any questions about maintaining your permanent resident status, you should speak with an immigration attorney.

As for naturalization, you can apply for naturalization if you have been a permanent resident for at least 5 years (or 3 years if you are married to a US citizen). However, if you have been outside the US for more than 6 months during the last 5 years, you may not be eligible for naturalization. You can apply for a waiver of the physical presence requirement if you have been outside the US for more than 6 months for certain reasons, such as:

* Serving in the US military.

* Working for the US government.

* Being a victim of abuse or neglect.

If you have any questions about naturalization, you should speak with an immigration attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.