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

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2 Lawyer Answers
Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

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
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

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.

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