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Re: Can a US PR go home for a few months? Posted on: Mon, 09 Jan 2006 02:16:44 +0000


> 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

Hi:

Talk to another immigration attorney -- preferably on a paid
consultation. The issue is a complicated one and the answer you state
you received is way too simplistic.

I've had a fair amount of litigation experience in this particular
subspecialty. You might want to ask that other attoreny about "Kane"
and "Huang."

--
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization
Posted via http://britishexpats.com

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