GC holder - Are you allowed to stay out of the US for 6 months or 12 months??

[Neville Katrak]

My mother in India recently received a Greencard last year (through my father who's a US citizen now). She visited him for 3-4 months last year and then flew to Canada to visit me and then to India. She intended to return back to the US before finishing 6 months to her US exit, but just before flying, was diagnosed with some cysts due to which she had to undergo an emergency hysterectomy and postpone her stay in India.

As a result, she'll be returning to the US at the 7 month mark and although we'll have the doctor's certificate and all medical papers, I'm skeptical if US immigration will give her a hard time. Experts please advise!

Also, I seem to be reading conflicting information regarding the time period a GC holder is permitted to stay outside US at a stretch - is it 6 months or 12 months???


Thank you so much in advance,
Neville.

[UScitizenFilingforspouse]

My mother in India recently received a Greencard last year (through my father who's a US citizen now). She visited him for 3-4 months last year and then flew to Canada to visit me and then to India. She intended to return back to the US before finishing 6 months to her US exit, but just before flying, was diagnosed with some cysts due to which she had to undergo an emergency hysterectomy and postpone her stay in India.

As a result, she'll be returning to the US at the 7 month mark and although we'll have the doctor's certificate and all medical papers, I'm skeptical if US immigration will give her a hard time. Experts please advise!

Also, I seem to be reading conflicting information regarding the time period a GC holder is permitted to stay outside US at a stretch - is it 6 months or 12 months???


Thank you so much in advance,
Neville.

The first time is fine if she makes it back to the US before the 1 year mark. You never want to get that close. Here is the link to what USCIS has to say. https://www.uscis.gov/sites/default/...urces/B5en.pdf

Here is how you run into trouble:
- Your Permanent Resident Card becomes technically invalid for reentry into the United States if you are absent from the United
States for 1 year or more.
Why? Well, if you knew you would be out of the US for that long, then you had to have applied for a re-entry permit
- Your U.S. permanent residence may be considered as abandoned for absences shorter than 1 year if you take up residence in
another country.
These are the 6 month absences that people are telling you about. And yes, people get questioned typically after they've cut it close by making it back here in just under a year. Then, two months later they leave again for 6 months. So clearly, the permanent resident visa is not being used for its intended purpose. Then, they do this 3 years in a row. So clearly, you live elsewhere. That's when they'll stamp your passport with "re-entry permit advised". After that stamp, it will depend on the mood of whoever you encounter.

In the case of your mother, though, I would not be worried. Strike one. Everyone gets a freebie; especially with unforeseen extenuating circumstances that you can easily show proof of. Now, in the event that she does not feel well enough to return to the US before the 1 year mark, there is another option - the returning resident visa. I wish her a speedy recovery but it's good to know what's available if something comes up. Here is the link to info on that. https://travel.state.gov/content/tri...-resident.html
Simply put, if a legal permanent resident remains outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit***due to circumstances beyond his/her control***, he/she will require a new immigrant visa to enter the United States and resume permanent residence.
So you have to go through an interview to get the application approved, then another interview to get the immigrant visa approved. Involves a medical exam, too.

But again, it's best if she makes it back under the 1 year mark.

All the best.