Legal Question in Immigration Law in California

my relative has green card. about a week ago, she came back after 10 months of stay in India. is it o.k. for her to leave again for India right away? if yes, then how long she can stay in India? if no, then how much time she has to spend in USA before she can go back?


Asked on 8/20/10, 6:21 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

Stay abroad for longer than 6 months breaks continuity of residence. Stay abroad for a year or longer can lead to losing permanent residency by abandonment. Even stay less than a year can be viewed as an abandonment of the permanent resident status as it's decided on a case-by-case basis (espacially for someone who lives abroad and comes to USA for a week or two every year).

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Answered on 8/25/10, 7:30 pm


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