Call Us Today
212-944-9420
Oltarsh & Associates, P.C. EN ESPAÑOL

How to keep Green Card, Permanent Resident Status

In remaining outside the U.S. for more than 6 months without returning, an alien may be penalized by losing his card. Even if the card is taken by an Immigration Service Officer, the permanent residence is not necessarily lost.The main issue is one of intent, not merely for being abroad for one continuous period. If circumstances, for example, compel an alien to be abroad for more than a certain period, usually more than 6 months, or even more than one year, the alien under the law would need to demonstrate a continuous, uninterrupted intention to return to the U.S. For example, if someone is abroad because his /her parents were terminally ill, the need to care for the parent would outweigh the wish to return to the U.S.A. Even if the stay would exceed a year, if the alien has an uninterrupted intent to return to the U.S. for work, family or whatever reason that provides a strong incentive to return to his/her residence in the U.S. the alien would be able to retain permanent residence.The Court of Appeals of New York has declared that the visit abroad, “must rely on an event with a reasonable possibility of returning within a short period of time. The time alone is not the only measuring yardstick. The alien must demonstrate a clear intention to return to the U.S
Email Us For A Response

How Can We Help You

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

494 8th Avenue
Suite 1704
New York, New York 10001

Phone: 212-944-9420
Fax: 212-944-9120
New York Law Office Map