New York, NY asked in Immigration Law for New York

Q: I'm a permanent resident staying abroad. Can I visit US just for 1 day to restart the 180 day continuous presence clock?

I have a 10 year permanent resident card (green card) and I'm currently completing my master's degree abroad. I understand that I cannot stay more than 180 days continuously outside the US, otherwise I risk losing my permanent residency, however, I would need to stay abroad for about 9 months every year to be able to complete my studies.

Can I go back to the US just for 1 day to satisfy the 180 day continuous presence rule to restart my 180 day clock? May I have problems later if I have multiple 160-170 long day stays outside the US when it comes to my future citizenship (N-400) interview?

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2 Lawyer Answers
James L. Arrasmith
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A: As a permanent resident, your concern about maintaining your status while studying abroad is valid. The rule you're referring to typically states that staying outside the U.S. for more than 180 days can affect your permanent residency status.

Returning to the U.S. for a short period, even just a day, can technically reset the 180-day clock. However, it's important to understand that the rule is not just about the length of your stay outside the U.S., but also about your continuous ties and intent to reside permanently in the U.S.

Frequent and prolonged absences might raise questions about your permanent residence during future immigration procedures, such as when applying for citizenship. During your naturalization interview (N-400 process), your overall pattern of residence will be assessed. This includes evaluating your physical presence, ties to the U.S., and intent to maintain U.S. residence.

If your study abroad involves multiple long absences from the U.S., it's advisable to keep evidence that supports your continuous ties to the U.S. This can include maintaining a U.S. address, bank accounts, or family connections. Such documentation can be crucial in demonstrating your intent to reside permanently in the U.S.

Given the complexity of immigration laws and the potential risks to your permanent residency, it would be wise to consult with an immigration attorney. They can provide tailored advice considering your specific circumstances and help ensure your actions align with maintaining your permanent resident status.

A: From a technical standpoint, resetting the clock might be possible by entering within six months and leaving right away. However, for folks in your shoes, securing a re-entry permit could be a smarter move. With that, you might have the option to stay outside of the USA for approximately two years without feeling the pressure to rush back. While it might not be everyone's first choice, it's certainly an option worth considering.

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