What Forms Do Green Card Holders Need To File Before Coming Back To U.S. From Abroad?
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What Forms Do Green Card Holders Need To File Before Coming Back To U.S. From Abroad?
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My aunt is a green card holder(non-conditional) and has been living and working in America for 10 years with good work and tax records.
She's now in China under medical treatment for her cancer. As green card holder she's allowed to stay outside America for up to one year. (She left America in haste and didn't apply for reentry permit before she left) But somebody told her she can only stay for 180 days. And if she stays for more than 180 days, she has to file some forms and apply for travel period extension, or she'll have trouble getting back to America. IS IT TRUE?? This is in conflict with what I read from USCIS's website. They say green card holders don't have to go through any procedures to come back to America as long as it's within the one-year time limitation.
I need a confirmation on this matter. Would love to hear you pro's advice. Thanks:)
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Fred S
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You have your confirmation. The USCIS website is correct. They are basically quoting 8 CFR 211.1(a)(2) a well-known regulation.
It's well known to CBP officers at ports of entry. Apparently it's not well known to whoever gave you the false information about 180 days. I've noticed that a lot of answerers in Yahoo answers believe that there's a 180 days rule about legal permanent residents and the period of time that they can be outside the U.S. with just their green card.
There is a rule about 180 days, but it has nothing to do with what they're thinking. In section 101(a)(13)(C)(ii), it talks about being absent for more than 180 days, but that's not a limitation on how long a permanent resident can be gone. |
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Yak Rider
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It's 1 year. As long as she's back before 1 year she's fine. |
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