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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: 1 month ago.Category: Immigration Law
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12/27/2017
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 month ago
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,088
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 month 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.

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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 month 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!

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