Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Once you get your card,can you be in the US two weeks evry 5…

Customer Question
Once you get your...

Once you get your green card,can you be in the US two weeks evry 5 months to meat your residency until you get your citizen ship, this is due to having a job over seas that you dont want to leave untill you get your citizenship?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

No

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No just that question...

Submitted: 4 months ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 5 minutes by:
12/27/2017
Immigration Lawyer: Guillermo Senmartin,
 replied 4 months ago
Guillermo Senmartin
Category: Immigration Law
Satisfied Customers: 112,044
Experience: Of Counsel at Jorge A. Fernandez, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo Senmartin,
 replied 4 months ago

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Unfortunately, no. This is a problem. A Lawful Permanent Residency is for someone that intends to permanently reside in the U.S. and is actually doing so. Not for someone that is just coming to the U.S. to visit from time to time.

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.

Here is an official link:

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

This may become a problem in one of your trips back into the U.S., when you apply to renew your residency card, or when you apply for U.S. Citizenship.

So basically, you need to spend more time in the U.S. than outside of the U.S. If that will not be possible, at least at the beginning, once you have U.S. Lawful Permanent Residency, you can apply for a Re-Entry Permit on form I-131. This will allow you to be outside of the U.S. for up to 2 years. You can use it for multiple trips. If you need more time, you come back before the 2 years ends and then you can apply for one more Re-Entry Permit for 2 more years. If you still need more time, you can apply again, but after 4 years, they get harder and harder to get and often only grant them for one year at a time. At some point you will need to start living in the U.S. and spending more than 180 days per 12 months inside. Here is a link to the I-131:

https://www.uscis.gov/i-131

As far as Naturalization goes, you would need at least half of the time of Residency physically inside of the U.S. to qualify. 30 months of physical presence out of 60 months if you are applying with 5 years of Residency or 18 months out of 36 months if applying because you have been married to a U.S. Citizen for 3 years. Here is an official link:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo Senmartin,
 replied 3 months ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Ask Your Own Immigration Law Question
Was this answer helpful?
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin
Guillermo Senmartin
Category: Immigration Law
Satisfied Customers: 112,044
112,044 Satisfied Customers
Experience: Of Counsel at Jorge A. Fernandez, P.A.

Guillermo Senmartin 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

3,990 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 Senmartin

Guillermo Senmartin

112,044 satisfied customers

Of Counsel at Jorge A. Fernandez, P.A.

< Previous | Next >

Related Immigration Law Questions
My citizenship status married by mistake but I never have
My citizenship status married by mistake but I never have marriage certificate,can I fix it!… read more
Guillermo Senmartin
Guillermo Senmartin
112,044 satisfied customers
I'm filling out the app for naturalization. USCIS form
I'm filling out the app for naturalization. USCIS form N-400 . Part 12 #33 ask if I have ever been removed excluded or deported from the US. In 2014 I was turned away. they said I was abusing my touri… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am in the midst of getting my citizenship. My status us
Hi. I am in the midst of getting my citizenship. My status us currently in the interview scheduling. I have a green card. I have a fiancée that lives in Germany, should I wait for citizenship before I… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I need to renew my card but if I apply for my citizenship
I need to renew my green card but if I apply for my citizenship and fail the test and my green card is expired then what happens… read more
Guillermo Senmartin
Guillermo Senmartin
112,044 satisfied customers
Derivative citizenship. Planning to apply for US passport.
Derivative citizenship JA: What steps have been taken? Has any paperwork been filed with the U.S. government? Customer: No, planning to apply for US passport JA: Have you talked to a lawyer about this… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I wanted to know if I can appky for citizenship even if I
Hi I wanted to know if I can appky for citizenship even if I previously got married to my ex-american husband in the Philippines but divorced here in USA then I got married here again? … read more
Guillermo Senmartin
Guillermo Senmartin
112,044 satisfied customers
Can my citizen naturalized husband lose his citizenship
Can my citizen naturalized husband lose his citizenship after vomit bigamia? We are still married, and he married the person he cheated on me my whole marriage , I didn't apply for green card bc I was… read more
Thelawman2
Thelawman2
Doctoral Degree
1,354 satisfied customers
I am french, under a card - i want to apply for citizenship,
i am french, under a green card - i want to apply for citizenship, - i ve been incarcerated - all my cases have been declined - dropped - green card valid until feb 2021, what is my chance to be appro… read more
Bill Attorney
Bill Attorney
law
2,042 satisfied customers
I have Canadian citizenship and Polish citizenship. I am
I have Canadian citizenship and Polish citizenship. I am currently applying to obtain permanent residence. Am I allowed to have U.S. citizenship as well?The DS160 asks me to declare nationality. I'd l… read more
Guillermo Senmartin
Guillermo Senmartin
112,044 satisfied customers
My parents got naturalized as citizens in February 1986
My parents got naturalized as citizens in February 1986 before I was 18. They did not take me at the time. We came here legally and I have an expired green card. Can I claim naturalization through my … read more
Guillermo Senmartin
Guillermo Senmartin
112,044 satisfied customers
I have an issue. For naturalization. I went for an interview
i went for an interview yesterday and was ask if i have a child back home and i said yes but i did not put that child in my application… read more
Expert James
Expert James
Doctoral Degree
11,989 satisfied customers
I have a questions around naturalization for my wife and
I hi have a questions around naturalization for my wife and potential future divorce. Can someone help me? … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
For someone who wants to apply for Naturalization, but he
For Guillermo,Hello sir. For someone who wants to apply for Naturalization, but he lost his green card. Is that going to be a problem for him and if so what do you recommend he do? Can he apply withou… read more
Guillermo Senmartin
Guillermo Senmartin
112,044 satisfied customers
I am in the middle of applying for citizenship with my
I am in the middle of applying for citizenship with my biometrics appt scheduled for this week. My green card status expires on the 18th of January. I am also in the middle of applying for a mortgage … read more
Expert James
Expert James
Doctoral Degree
11,989 satisfied customers
Naturalized through Military. Will my citizenship get
Naturalized through Military. Will my citizenship get revoked if I get medically discharged? … read more
Guillermo Senmartin
Guillermo Senmartin
112,044 satisfied customers
My son need an application for green card. Not yet. My son
Good morning, JA: Hi. How can I help? Customer: My son need an application for green card. JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet? Customer: ye… read more
Guillermo Senmartin
Guillermo Senmartin
112,044 satisfied customers
My friend has a green card for more than 10 years in the
my friend has a green card for more than 10 years in the United States and she is 75 years old. is she eligible to be exempt from civil and English test if she applies citizenship?… read more
Guillermo Senmartin
Guillermo Senmartin
112,044 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
102 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