How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107640
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

Another 2 questions , 1. if she did the fingr print for i131

This answer was rated:

Another 2 questions ,
1. if she did the fingr print for i131 approved to stay more than year

So how long max she can stay outside is it ok to stay like 5 years for example or there is additional paper needed
second question she is now 5 months outside can she renter after like another 3 months to be total 8 month outside
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.


If you are talking about the I-131 Re-Entry Permit, the maximum stay outside of the U.S. is 2 years. At that point she has to come back and if she needs more time she can apply for a new one for 2 more years. After that, she has to come back and if she needs even more time, she must apply again, but they get harder and harder to get and they are only issued for 1 year at a time after that.



Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the often unjust laws which I have no control over) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you feel I have earned one, bonuses are always appreciated. To request me in the future, make sure you type: FOR GUILLERMO on the subject line. Thank you!
Customer: replied 3 years ago.

thanks, XXXXX XXXXX question is she now 5 months outside can she renter after more 3 month to be total 8 months without any special permit

It is possible, but they may give her problems because of it. She should try to come back before 6 months go by. Anyone that is a Lawful Permanent Resident (LPR) and is outside of the U.S. for 180 days or more within any 12 month period (not necessarily calendar year) creates a rebuttable presumption of abandonment of residency. That presumption can be rebutted by evidence to the contrary such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage or rent, maintaining a U.S. drivers license, U.S. bank accounts with significant movement, etc.


Someone that has been outside of the U.S. for more than 1 year without first having an approved re-entry permit has abandoned their residency and only in very few exceptions (such as serious illness) can they get it back.


So if she decides to stay out 8 months total this trip, she should bring back evidence with her that she was not intending to abandon her Residency. This would be evidence that she has immediate family in the U.S., maybe minor children, that she owns a home in the U.S., has a U.S. drivers license, a successful business or job in the U.S., paying U.S. taxes, etc. The more she has with her, the easier it will be to get back into the U.S.



Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you

Related Immigration Law Questions