> An immigration attorney told me recently that he COULD leave and go
> home to
> help his family, but that he must not stay longer than a year. Does
> anyone
> else have input?
>
> Thanks,
> Sunny
>
> "Folinskyinla" wrote in message
> news:34$346830$3121481$1136705805@britishexpats.com...
> >> Hi group,
> >> If my husband, who is a United States permanent resident, goes home
> >> to
> >> work
> >> in Canada for a few months, he will be ok to return to the US
> >> right?
> >> As
> >> long as he doesn't stay over one year, it's fine?
> >> Thank you!
> >> Sunny
> > Hi:
> > You badly misunderstand the law of abandonment of LPR. Although the
> > length of time outside of the US can be an indicia of intent, it is
> > NOT
> > the determinative factor.
> > I have a feeling you were being somewhat imprecise, but your
> > question
> > reads as an inquiry as to whether or not your husband can abandon
> > his
> > residence in the US for a few months and still keep his green card
> > --
> > the answer to that is pretty much "no."
> > He is playing with fire here.
> > --
> > Certified Specialist
> > Immigration & Nat. Law
> > Cal. Bar Board of Legal Specialization
> > Posted via http://britishexpats.com
The LPR card alone is enough to seek admission following an absence from
the US of up to one year. Once that year has passed the alien needs a
reentry permit. Over two years and they require an SB1 visa. That's
probably where the attorney got the one year from.
The husband can leave for up to one year as long as his place of general
abode, without regard to intent" is still in the US.
The time period away from the US isn't as material to the question as
what ties he maintains to the US.
I don't see a problem with going away for work and coming back within a
year as long as he maintains a residence and ties to the US. However,
if he tries to string a series of visits out of the US for *just* less
than a year at a time he may have trouble. That's a good way to end up
in removal proceedings.
Also an LPR out for less than 6 months is not always subject to the
grounds of inadmissibility. The government would have to prove they are
removable.
An LPR out more than 6 months is subject to the grounds of
inadmissibility. The alien holds the burden to prove they are
admissible.
--
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