What happens if a green card holder stays outside of the U.S. beyond six months?

The risk is that the green card holder may be considered to have abandoned their residency.

If you stay outside of the United States for more than six months, but less than 12 months, there is a rebuttable presumption that you intended to abandon your lawful permanent residency. That presumption can be overcome when you re-enter the United States by establishing that you never had an intention to abandon your residency as evidenced by your significant ties to the United States, which should be emphasized if questioned, but only if questioned, at the Port of Entry by the Immigration Inspector. The key here is that your parents should return as soon as possible. They should not under circumstances stay out longer than 12 months. In the future they may wish to apply for a U.S. Reentry Permit when they are in the United States.

An absence from the United States of more than six months raises a rebuttable presumption that the person has abandoned his or her permanent residency. A good reason is needed to rebut the presumption. An absence of one year or longer could be fatal to the green card status unless the person has serious medical or other issues that prevented him or her from reentering the United States. That person may have to apply at the U.S. embassy or consulate for a returning resident immigrant visa. The reentry permit is the preferred document to obtain BEFORE an extended absence (of up to two years) from the United States.

I would recommend speaking with a licensed U.S. immigration attorney. If a green card holder remains outside of the United States for an extended period of time without first obtaining permission (i.e. advance parole), they risk losing their permanent resident status when re-entering the United States. Advance parole can solve this problem, but it must be applied for while the applicant is physically present in the United States.

If they return within 12 months, they should generally be fine. A reentry permit is necessary for stays longer than one year. However, they should still have documents proving ties to the United States (residence, filing taxes, bank accounts, family members, job or business, etc.), and also establish their trip was unplanned and explain why (i.e. document reasons for a longer period of stay outside the United States).

To answer completely, all facts would need to be known. Make sure they pay U.S. taxes and keep up ties to the United States. Be prepared at the Port of Entry to demonstrate good reason for the longer trip and next time apply for a reentry permit before they leave.

If a person left the United States for more than six months, but less than a year, there is a rebuttable presumption of abandonment of permanent residence in the United States. If your parents did not file for a re-entry permit prior to departing the United States for this trip, they may be questioned at the port of entry regarding the extended stay abroad. They will just need to show evidence that United States is still their residence, but due to circumstances, they needed to be absent at lengths, etc.

As long as they enter before the one year anniversary of their departure, they should be allowed back in. They should carry documents to show that they have a connection to the United States (insurance, telephone numbers, card, apartment) and documents to show that their long trip was unplanned (medical records, etc.).

Generally, any absence of over six months only breaks the continuity of residence; however immigration looks at this cumulatively over a period of several years. So today I was consulted on a case where the person has never been out more than six months, and they took the person's green card because they have never lived here and have not paid taxes here. I am fighting that one.

As long as they return within 12 months, they will be okay.