Q: Will my travel schedule affect my green card status?
I moved to the USA on an IR5 green card as a dependent after my daughter sponsored me. I traveled to India on September 23 and returned to the USA on December 9. Due to my husband's cardiac surgery, I returned to India on February 28 and plan to go back to the USA on June 28 with him. Will this travel schedule affect my green card or immigration status?
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A:
Your travel pattern raises some concerns, but likely won't immediately jeopardize your green card status. The general rule for permanent residents is to avoid absences from the US exceeding 6 months, as longer stays may trigger questions about abandoning your residency. Both your trips (2.5 months and 4 months) individually fall under this threshold.
Having a valid reason for your extended absence, such as your husband's cardiac surgery, strengthens your case significantly. Immigration officials understand that family medical emergencies happen. However, spending nearly 6.5 months outside the US within a single year might draw attention during future entries or immigration proceedings.
To protect your status, consider carrying documentation of your husband's medical situation when you return. You might also want to maintain evidence of your ongoing ties to the US - like property ownership, tax filings, or bank accounts - to demonstrate you haven't abandoned your permanent residence. Upon returning, avoid additional lengthy international travel for a while to establish a stronger pattern of US residency. While your situation has legitimate extenuating circumstances, consulting with an immigration attorney before your return could provide valuable guidance tailored to your specific situation.
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