Legal Permanent Resident Outside the country for one year due to COVID or other Special circumstances.

2/15/2021 -  Green Card Holders Outside the US Impacted by COVID Policies

Absences of 6 Months but Less than A Year
Six months (180 days) is a bit of a dividing line for U.S. residents who've been outside the country. Once you've been gone that long, the law regards you as an applicant seeking admission to the U.S. (under I.N.A. § 101(a)(13)(C)).


Upon return to the U.S., you'll need to be ready to show documentation to overcome any new
inadmissibility issues that might have come up in your life, but the primary hurdle you will have to overcome is to prove that you did not intend to abandon your legal permanent resident status
and that you always intended on returning to the US.


If you return to the U.S. just before 180 days is up, U.S. border officials are always free to
decide that you meant to make your home elsewhere; that is, abandoned your U.S. residence. To
prove otherwise, bring copies of documents showing that the U.S. is still your home base.
Examples include copies of U.S. tax returns, a home lease or mortgage, evidence of employment,
and so on. Also bring written evidence of your reasons for not traveling back to the U.S. earlier,
such as doctor's statements or copies of notifications that your flights were canceled.\
Absences of More Than 1 Year


After one year outside the U.S. your legal permanent resident status will be considered to be
canceled. This means you could be denied entry to the U.S. and your case will not be as simple as
a case in which it is over 6 months but under a year.

© 2021 Joseph B. Caraccio

JBC LAW OFFICE

IMMIGRATION LAW   |  NYC HOUSING    |    CONSULTING   |   APPEALS  |   FOR LAWYERS
QUEENS, NY
jbc@jbclawoffice.com
(718) 989-9305

Abolish DHS Shirts & Stickers, Various Products w/ Anti-Government Slogans in our Store  - END IMMIGRATION DETENTIONt

NY Immigration Court is affiliated with JBC Law Office / Law Office of Joseph B. Caraccio but is still an independent and distinct entity that does not practice law in any capacity. This website is owned by Joseph Caraccio and does link to jbclawoffice.com and other websites owned by Joseph Caraccio.

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