Been away too long?

08-24-2006, 07:55 AM

Am I understanding this correctly? I left the US for Canada in August
of 05. I returned in October of 05 for a week, then left again. I
returned in January 06 for a week, then left once again. I returned in
May 06 for a weekend, then left yet again. As of today, I am still
outside the US. My question is, is my GC status safe since I haven't
been CONTINUOUSLY away for more than about 4 months at a time.
Straighten me out if I'm wrong.

PS. Never filed an I-131, and my 10 year GC expires in 3 months. Am
about to file both the I-131 and I-90, however. Ideas?

08-24-2006, 08:17 AM

RS wrote on 08/24/06 00:55:

> Am I understanding this correctly? I left the US for Canada in August
> of 05. I returned in October of 05 for a week, then left again. I
> returned in January 06 for a week, then left once again. I returned in
> May 06 for a weekend, then left yet again. As of today, I am still
> outside the US. My question is, is my GC status safe since I haven't
> been CONTINUOUSLY away for more than about 4 months at a time.
> Straighten me out if I'm wrong.

No, your GC is not "safe." A pattern like this looks as if you are living abroad
and just visit the US once in a while. That is not allowed as Permanent
Resident. It is called "Permanent Resident" for a reason. You actually have to
reside in the US. All trips abroad have to be temporary in nature.

-joe

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I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

08-24-2006, 12:01 PM

> Am I understanding this correctly? I left the US for Canada in August
> of 05. I returned in October of 05 for a week, then left again. I
> returned in January 06 for a week, then left once again. I returned
> in
> May 06 for a weekend, then left yet again. As of today, I am still
> outside the US. My question is, is my GC status safe since I haven't
> been CONTINUOUSLY away for more than about 4 months at a time.
> Straighten me out if I'm wrong.
>
> PS. Never filed an I-131, and my 10 year GC expires in 3 months. Am
> about to file both the I-131 and I-90, however. Ideas?

Hi:

http://www.usdoj.gov/eoir/vll/intdec/vol15/2371.pdf

http://www.usdoj.gov/eoir/vll/intdec/vol19/3079.pdf

Kane and Huang are the two "mother" cases on your fact pattern and are
still good law.

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Immigration & Nat. Law
Cal. Bar Board of Legal Specialization