My wife has permanent residency/ green card (GC) in USA. We recently had a baby and plans to go on vacation to my home country and stay with her parents for 7 months. As per USCIS,on a GC if the stay out of the country is for less than an year there is no need for a reentry permit. I even called up the customer service center of USCIS to confirm this. But I have read on other immigration websites and heard on immigration talk shows that a reentry permit is needed for a resident if the stay out of country is more than 180 days. So I am confused.Is reentry permit needed for stay more than 180 days or if we exceed more than an year? When we enter the country we are the discretion of port of entry immigration officials and I am not sure if they also allow my wife to enter as her stay out of country is for 7 months.
Thanks for your question. I think that this is a common misunderstanding of the regulations regarding maintaining permanent residency. A reentry permit is needed if you intend to remain outside the U.S. for more than one year. Any trips outside of the U.S. for more than 180 days can raise the question of whether or not the resident intends to live in the U.S. permanently. Generally, this issue will come up if the resident makes frequent trips for more than 180 days or when they apply for naturalization. The naturalization application requires the resident to list all trips outside the U.S. since becoming a resident. If the USCIS officer sees that the resident has been making frequent trips outside the U.S. for more than 180 days, the office may require additional proof that the resident has maintained his or her residency in the U.S., such as tax returns, leases, bank statements, etc.
The scenario that you have described should not (remember there are no guarantees when applying for admission to the U.S.) cause your wife any issues when she returns to the U.S. in 7 months.
Congrautlations on the birth of your child!
Mark
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.