Conroe, TX asked in Immigration Law for Texas

Q: How long can I leave the USA without forfeiting my green card?

I have to go back to my country of origin to take care of my aging father for a year or two. I plan on coming back to the USA as I own a house here, and my children and grandchild are here. I was told that if I was gone for a year I would forfeit my green card. If I return before the year is up how long do I have to stay here before I could leave again?

Thank you

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2 Lawyer Answers
James L. Arrasmith
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Answered

A: To avoid forfeiting your green card, you should not stay outside the USA for more than one year without proper documentation. If you need to be abroad for an extended period, you can apply for a re-entry permit before you leave, which allows you to stay outside the USA for up to two years without losing your permanent resident status.

If you return to the USA before the one-year mark, there is no set amount of time you must stay before leaving again. However, it is important to maintain your residence in the USA and avoid frequent or lengthy absences that could indicate you have abandoned your residency.

You should maintain strong ties to the USA, such as keeping your home, paying taxes, and maintaining bank accounts. Each time you return to the USA, ensure you have documentation to prove your intention to reside permanently in the country. This can help prevent any issues with re-entry.

A: You need to apply for a re-entry permit which may allow travel outside the US for up to two years. Support your application with medical records showing fathers illness and any evidence from Dad and Dad’s doctors establishing that your help and support would be indispensable to his recovery.

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