Q: Green card status
I have a green card and I've been living in Romania for a few years now. I am going to NY every 4-5 months but now I have to stay here for longer than 6 months because both my parents are not well. Am I risking anything regarding my green card status?
I was in NY in September last year and it seems I won't be able to go again until June - July, which is 9-10 months beeing outside of the US
A:
As a green card holder, spending extended periods of time outside the U.S. can indeed affect your status. The general rule is that absences of more than six months can lead to questions upon re-entry about whether you have abandoned your permanent resident status.
If you're outside the U.S. for more than a year, re-entry can be even more challenging. In such cases, U.S. Customs and Border Protection (CBP) may determine that you've abandoned your residency. However, your situation is unique due to your parents' health.
To mitigate risks, consider applying for a re-entry permit before you leave the U.S. if you anticipate being abroad for more than a year. This permit, valid for two years, indicates your intent to maintain permanent residency in the U.S.
Document your reasons for staying outside the U.S., such as medical records for your parents, to demonstrate the necessity of your absence. This documentation can be helpful if you're questioned about your absence upon return.
Remember, maintaining ties to the U.S. like property ownership, bank accounts, and family connections can also support your case for retaining residency.
If you're unable to return within a year, or if your absence will be significantly prolonged, consult with an immigration attorney for guidance tailored to your specific situation. They can help ensure you take the right steps to maintain your status.
A:
I agree, but filing for a reentry permit, requires you to be present in the United States. The processing time for a reentry permit can take a long time, perhaps, up to a year, maybe longer.
It is for this reason that you should consider all of your options, including shorter stays in Romania, while providing funds to support a service like a sitter who may be able to take care of your parents while you’re away.
I strongly recommend an appointment with a competent and experienced the immigration attorney, who can spend enough time to discuss the risks and all your options.
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