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Wilton A. Person
Wilton A. Person, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 4147
Experience:  Knowledgeable and experienced immigration lawyer.
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How long can a permanent resident alien stay outside US without

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How long can a permanent resident alien stay outside US without it affecting their status? They been in the country for years and what do they have to do?
With an approved reentry permit, a permit stating that the person does not plan to abandon his lawful permanent resident status and must be approved by USCIS prior to the person leaving the United States, the person could stay outside the United States for up to two years.

Without a reentry permit, the person would be considered to have abandoned his lawful permanent resident status if he or she is outside the United States for one year. If the person is outside the United States for more than six months, the person will need to prove with reliable evidence that he or she did not abandon his permanent residence status.

For the person who has been outside the United State for over one year and without a reentry permit, the one exception to this general rule is if the person can prove that he or she is eligible for a SB-1 returning resident visa which is in its simplest terms, the person would need to prove that there was not intent to abandon lawful permanent resident status but could not return because of compelling reasons such a serious illness or potentially the serious of a close relative supported by reliable medical documents.

It is a tough standard but not impossible if the facts fit.
Customer: replied 4 years ago.

how long can you stay outside the US without getting a permit

1) The general rule is six months to avoid any issues.= with status.
2) Between six months and one year, US Customs and Border Patrol may deny the person's return to the United States so it is not generally a good for a lawful permanent resident to stay outside the United States for longer than six months.
3) Over one year, the person's lawful permanent resident status is considered abandoned unless the person is eligible for the SB-1 returning resident visa as mentioned above.
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