Spouse and Kid staying outside US for 11 months with GC - URGENT!

[jayg09]

Hi

I am extremely sorry if this is a repost. I went thru main threads and could not find a clear answer, thus posting my question.

My wife and kid left US for summer Vacation on 26th May 2014. The intended travel period was 2 months. Now, due to unforeseen circumstances (family) they will be back in the first week of April 2015.
I didn't apply for re-entry permit.

I went thru the uscis site and found that the max period to stay outside US (with GC and with out REP) is one year. I thought I am fine here. Now getting conflicting suggestions and reading blogs that its 180 days only and you should have applied or REP.
I am confused now. Should I ask them to come back before 6 months or they are good to stay there till April 2015 without REP and wont have to face issues in POE.

Appreciate your quick response.

Thanks
Jay

[rayb]

Jay,

You are getting incorrect advice if you are being told that Green Card holders cannot stay outside the U.S. for more than 6 months. They can stay outside up to a year without loss of Green Cards and without Reentry Permits. The "6-month" issue comes up when applying for Naturalization, as trips of 6 months or more may be interpreted as a break in the "continuous residency" requirements for Naturalization.

--Ray B

Hi

I am extremely sorry if this is a repost. I went thru main threads and could not find a clear answer, thus posting my question.

My wife and kid left US for summer Vacation on 26th May 2014. The intended travel period was 2 months. Now, due to unforeseen circumstances (family) they will be back in the first week of April 2015.
I didn't apply for re-entry permit.

I went thru the uscis site and found that the max period to stay outside US (with GC and with out REP) is one year. I thought I am fine here. Now getting conflicting suggestions and reading blogs that its 180 days only and you should have applied or REP.
I am confused now. Should I ask them to come back before 6 months or they are good to stay there till April 2015 without REP and wont have to face issues in POE.

Appreciate your quick response.

Thanks
Jay

[jayg09]

Thanks for the quick response Ray.

So I don't to worry about <1 year stay and hopefully they dont have to bring in any documents or evidence for the extended stay.
For the naturalization process they will have to wait for the additional 'away period' right? Meaning, it if it is 5 yrs, then they have to wait for approximately 6 years.


Thanks
Jay

Jay,

You are getting incorrect advice if you are being told that Green Card holders cannot stay outside the U.S. for more than 6 months. They can stay outside up to a year without loss of Green Cards and without Reentry Permits. The "6-month" issue comes up when applying for Naturalization, as trips of 6 months or more may be interpreted as a break in the "continuous residency" requirements for Naturalization.

--Ray B