Asked in Immigration Law for Florida

Q: I'm a candian citizen but I have my usa pr. How long could I stay out of the usa before returning back home in the USA

I'm wondering if staying out of the usa for roughly 4 months or more may jeopardize my pr card and have it revoked. I'm planning to work remotely and still work as an American.

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2 Lawyer Answers

A: Cannot stay out of the US for more than a year unless you apply for a reentry permit. I suggest you work with an immigration attorney

A: Section 101(a)(13)(C)(ii) of the Immigration and Nationality Act (INA) permits a U.S. Customs & Border Protection (CBP) officer to accuse a U.S. legal permanent resident returning from a trip that has lasted continuously for longer than 180 days abroad as having abandoned his or her lawful permanent resident status. CBP officers do not always make such an accusation, as there may be a reasonable explanation for such a lengthy absence. If a U.S. legal permanent resident expects to be gone longer than one year, he or she should apply for a reentry permit. An absence of a year or longer often will results in CBP accusing the individual of having abandoned lawful permanent resident status. Presentation of a reentry permit to CBP after an absence of longer than 1 year will help to ensure a smooth entry. A reentry permit can be valid for up to 2 years. Consider scheduling a consultation with a competent and experienced immigration attorney who can discuss in detail all of your facts in order to provide the best possible advice. Many attorneys offer online video consultations.

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