Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law
This answer was rated:

I am a us permanent resident since 2009, i have my greencard

valid for 10 years. I...
I am a us permanent resident since 2009, i have my greencard valid for 10 years. I left the USA in Dec 2012 to come to Canada, as I am a Canadian Citizen. How long can i legally remain outside the USA as a Permanent Resident with out losing my Greencard?
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 2 minutes by:
9/30/2013
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,417
Experience: Write FOR JAMES to get my help!
Verified
Hi there! Thank you for using this service. My name is XXXXX XXXXX I'll be helping you with your questions today.

Unfortunately, the answer is not as easy as one single time frame. Did you leave with a re-entry permit?
Ask Your Own Immigration Law Question
Customer reply replied 4 years ago


No I did not reneter since Dec 2012

Walter,

I am asking you if you got a Re-Entry permit from the USCIS before you left. Not if you re-entered.
Ask Your Own Immigration Law Question
Customer reply replied 4 years ago


no i never got a renerty permit because i didnt know i was leaving for that long, because my temporary job in canada that I was going for in canada was going to take longer.

Walter,

Thanks for the clarification. 

Note, that at any time, the USCIS can question an alien's intentions as to is permanent resident status, and can request that the alien provide proof that he never intended to abandon his status as a permanent resident.

Now, generally, an permanent resident who leaves the US for 1 year or more, without a re-entry permit issued by the USCIS, is subject to automatic termination of his permanent resident status, by operation of law.

An alien who leaves the US for 6 months, but less than a year, raises a rebuttable presumption against him that he intended to abandon his status, and may be required to show that he did not intend to abandon his permanent resident status, and provide proof of the same.

So make sure you return before you have been outside of the US for 1 year or more. And be prepared for the possibility of being asked why you left for so long, and to show that you never intended to abandon your status by providing proof of strong ties to the US, even while you were away for an extended period of time.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,417
Experience: Write FOR JAMES to get my help!
Verified
Expert James and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

waht permit can i apply for if i want to leave for more then one year? Can i get a commuter greencard?

Walter,

You can apply for a Re-Entry permit, but you can't request that from outside of the US. You will have to return and apply for it here in the US. You mgiht apply for a communter gren card, but that' sfor those people who live in another country and work in the US opn a daily basis. It doesn't sound like that's what you are doing.

Note that working in Canada is a strong indication that you intended to abandon your green card. I would be very careful about this.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,417
Experience: Write FOR JAMES to get my help!
Verified
Expert James and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Ask Expert James Your Own Question
Expert James
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,417
12,417 Satisfied Customers
Experience: Write FOR JAMES to get my help!

Expert James is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,969 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

47,491 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
My mothers green card is expired and according to her
my mothers green card is expired and according to her previous lawyer who has since retired they needed proof that my mother was in this country prior to Dec '81. Her actual proof is my birth in sep 0… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
I was granted Asylum on March 19, 2013 but my green card was
I was granted Asylum on March 19, 2013 but my green card was issued on oct 27, 2013 which means 7 months and 8 days later so based on the rollback time for asylees when exactly can I apply for naturalization includind the 90 day before the 5 years? thank you … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
If my green card expired 11 years ago, and I now have a
If my green card expired 11 years ago, and I now have a misdemeanor, should I try and get that expunged first, then renew? … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
If im a derivative asylee and applied for green card but the
If im a derivative asylee and applied for green card but the princpal asyle havent applied for green card yet wil i get my green card … read more
Leena Kamat
Leena Kamat
Juris Doctor
94 satisfied customers
I am a new green card immigrant. I worked 3 days for a
I am a new green card immigrant. I worked 3 days for a painting job but had to quit because of the commute and unpredictable schedules. They owe me $309 but will not pay me. I have been there 6 times … read more
Expert James
Expert James
Lawyer
12,417 satisfied customers
I have applied to renew my green card in feb 2017 and I
I have applied to renew my green card in feb 2017 and I still … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
My ı-94 expires how can ı extend it, I held a green card for
I held a green card for over 10 years however in the last 14 years I resided abroad and entered at an airport with a lost passport and greencard … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
I am a green card holder and my son is a US citizen. I have
I am a green card holder and my son is a US citizen. I have an income from foreign country and how do I know if my son is eligible to HUAKY health plan?… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am from the US and currently a green card holder. I will
I am from the US and currently a green card holder. I will be here in the us for 5 years this coming December so I will be able to apply for us citizenship but I will marry my fiancé in the Philippine… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,326 satisfied customers
My son who is a green card holder and is entering the US
My son who is a green card holder and is entering the US Airforce on Sept 19 is recently married to a girl who is a tourist with visa to expire on OCt 11. what must be done so that the girl does not n… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am a green card holder and my husband and i met here in
i am a green card holder and my husband and i met here in America when he was on his tourist visa vacation and we fell for each other so much that we married in about 19 days since he came here withou… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,326 satisfied customers
Applications (like the Green Card application), what is
Hi. For Immigration applications (like the Green Card application), what is supposed to be provided as far as the documentation in regards ***** ***** taxes? Is it a COPY of the tax return from the pr… read more
Expert James
Expert James
Lawyer
12,417 satisfied customers
I have a friend who would like to apply for a Green Card. He
Hello. I have a friend who would like to apply for a Green Card. He is here in the US on a tourist Visa at this time. His son is a US Citizen.1. He is wondering which forms need to be filed for him? I… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I'm a green card holder with Iranian nationality and I'm
Hello, I'm a green card holder with Iranian nationality and I'm currently in the process of naturalization (still waiting for my interview). I just read on Reuters that the new administration is going… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,969 satisfied customers
I am a permanent resident(green card holder) and I am law
I am a permanent resident(green card holder) and I am law abiding person with no problems with immigration or anything. I heard that the president has signed an executive order that stops visas etc to… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,969 satisfied customers
I hope so. citizen. Wife is green card holder. her unmarried
I hope so. I am US citizen. Wife is green card holder. her unmarried 17 year old son remains in Colombia. We want him as follow-on. Do we use I-130 or 824 application process? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
I am a green card holder and was born in the US (Texas) but
I am a green card holder and was born in the US (Texas) but was advised by a US councilar officer at the Montreal Council General's office that I had to forsake my US citizenship if I wanted to be adm… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
Filing for green card. Sponsor and applicant were divorced
Hello. Filing for green card. Sponsor and applicant were divorced 47 years ago. They have been married - US marriage certificate in Alexandria VA dated 43 years ago. Legal marriage. Problem is that ne… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x