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Ask Myron R. Morales Your Own Question
Myron R. Morales
Myron R. Morales, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 686
Experience:  Over eight years of experience practicing immigration law.
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How long can I stay out of the country as a permanent resident

Customer Question

My son is out of the country for almost 6 months. I recently came to Brazil to be with him because I am sick. I have many other questions including citizenship. Maybe the lawyer who answers can advise me.
Submitted: 8 years ago.
Category: Immigration Law
Expert:  Myron R. Morales replied 8 years ago.
He should file for a reentry permit. Techncially he must be in US to do so, but explain the situation. Also make sure that he retains any ties to the US and get copies of all of his medical records. He will need these when he returns to the US.
Customer: replied 8 years ago.
Reply to Myron R. Morales's Post: Let me explain better. My son and I have the resident alien card. He came to Brazil Feb. 18th, and I just recently got to Brazil because I am sick due to a surgery I had (hernia removal). Why would any of us would need a reentry permit?
I thought we could go back and forth... My question again is: How long can we stay away? Some say 6 months, some say a year.
I also have questins about our citizenship. I can ask those as soon as the first is clarified.
Thank you
Expert:  Myron R. Morales replied 8 years ago.
If you spend more than six months outside of the US, you are presumed to have abandoned your permanent residence. You can provide evidence that you did not intend to abandon your status at entry to rebut this presumption. Once you spend one year outside of the country, you are deemed to have abandoned your status. This finding is not rebuttable in most situations, but your illness may help you if such a finding is made. A reentry permit takes away the problem of trying to rebut these findings as it is considered the best evidence that you did not intend to abandon your status. However, a court ruling came out yesterday saying that you must be physically present in the US at the time of application. So, be prepared to rebut any such finding if you spend more than six months out of the US.

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