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How long can green card holders stay outside the U.S.?

Are conditional permanent residents who get their green cards through the EB-5 program subject to the physical presence requirements as 10-year green card holders?

Answers

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, they are. A reentry permit allows you to remain outside for up to two years during the first few years. Then you can renew it, but you must be in the U.S. to file the application and provide fingerprints.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes. If you plan to be out for more than six months or for reasons that indicate the U.S. is not your home, you should apply for a reentry permit.

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    The intent of conditional permanent residents or unconditional residents is to consider the U.S. as their permanent home. Being away from the U.S. for more than six months during a set period of time may create a presumption by the U.S. CBP that the returning resident may have abandoned their permanent residency.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, conditional permanent residents are also subject to the same physical presence/residence requirements. If you remain abroad for more than one year, it is considered an abandonment of lawful permanent residence. In order to avoid that, you can file for a travel permit declaring your permanent resident intent in the U.S. while traveling extensively abroad.

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    Stephen Berman

    Immigration Attorney
    Answered on

    They have the same rule as unconditional permanent residents "10-year green card holders".

  • Avatar

    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Yes. In general, you should not stay outside of the U.S. for more than six months unless you have the reentry permit.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    Normally not more than six continuous months, unless you first apply for a U.S. re-entry permit prior to your departure from the U.S.

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