Absence from the U.S.: Permanent Residence: Scholars: Office of International Services: Indiana University (2024)

FAQs

Can a green card holder stay outside the US for 8 months? ›

Can I travel outside the U.S. with a green card? Yes, you can travel abroad as a green card holder — that's one of the many benefits of being a permanent resident. However, your trip must be temporary and you cannot remain outside the United States for more than 1 year.

IF YOU STAYED ABROAD FOR 365 DAYS OR MORE

They will deny your U.S. citizenship application, and you'll have to wait before you can reapply: If you had to wait five years to apply for citizenship, you'll need to wait at least four years and one day upon returning from your trip abroad to reapply.

An absence of more than 6 months (more than 180 days) but less than 1 year (less than 365 days) during the period for which continuous residence is required (also called “the statutory period”) is presumed to break the continuity of such residence.

There is no time limit for how long U.S. citizens may stay overseas. The validity of your Vietnamese visa, which allows you to legally stay in Vietnam, is determined by the Vietnamese government. Lawful Permanent Residents risk losing their status if they are outside the United States for over one year.

Absences of more than 365 consecutive days

You must apply for a re-entry permit (Form I-131) before you leave the United States, or your permanent residence status will be considered abandoned. A re-entry permit enables you to be abroad for up to two years.

There are many reasons why green card holder or visa holders may be denied entry to the U.S. Most typically, they have violated the terms of their green card/visa in some way such as by: Not returning to the U.S. within the specified time period. Committing crimes. Being found “inadmissible” for a green card.

As a general rule, permanent residents should avoid any trips abroad of 6 months or longer. If you travel for over 6 months (but less than a year) at one time, USCIS will automatically presume that you've broken your continuous residence requirement for the purposes of naturalization.

The general rule is that a naturalized citizen who voluntarily resides outside the US for an uninterrupted period of more than one year may be presumed to have abandoned their US citizenship. However, this presumption is rebuttable if the individual can provide evidence to the contrary.

The bill removes this entry cutoff date and opens up the program to eligible individuals who have resided in the United States for at least seven years. Existing requirements (e.g., the individual must not be inadmissible or deportable due to certain grounds related to crime or terrorism) continue to apply.

The Four Year and One Day Rule

This rule provides an advantage, allowing you to apply for naturalization after waiting for just four years and one day from the date of your return to the United States, rather than the standard five years [Source: 8 CFR 316.5(c)(1)(ii)].

What is the 90 day rule for green card? ›

If you are on a single-intent visa and you change your mind about staying permanently after arriving in the country, you should wait at least 90 days before applying for a green card or marrying a U.S. citizen or permanent resident.

The 180-day portability rule provides that if a person has submitted an application for I-485 adjustment of status and has an I-140 visa petition approved under one of the Employment-Based preference categories, he can change jobs and still adjust his status as long as the new job is in the same or a similar occupation ...

The Form I-193 allows you to enter the United States at the same time you are giving up your LPR status without having a valid non-immigrant visa in your passport.

A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth. U.S. law does not mention dual nationality or require a person to choose one citizenship or another.

Yes. You can either get permanent residence in your new country, or you can renounce your American citizenship entirely and become a naturalized foreign citizen. If you do that one, the United States will treat you like a complete foreigner, and you will need a passport and possibly a visa to get into the USA.

US citizens can live outside the country for as long as they wish — even for the rest of their lives — without a problem. A US citizen cannot be prevented from re-entering the US.

The bill removes this entry cutoff date and opens up the program to eligible individuals who have resided in the United States for at least seven years. Existing requirements (e.g., the individual must not be inadmissible or deportable due to certain grounds related to crime or terrorism) continue to apply.

U.S. immigration at the port of entry determines how long a person may remain in the United States. The holder of a B-2 visa may be admitted for an initial period of six months, which is extendable in six month increments.