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I am a Green Card holder from 1997. Recently I went to India and returned back after 180 days absence. Whether absence of 1...

I am a Green Card holder from 1997. Recently I went to India and returned back after 180 days absence. Whether absence of 1...

Q: Can I stay outside the US for more than 6 months with a green card?

Yes, you can stay outside the U.S. for more than six months with a green card, but doing so for more than six months may lead to a presumption that you have abandoned your permanent resident status. You must demonstrate your intent to maintain residency if you are absent for an extended period.

Q: What is the green card 180-day rule?

The green card 180-day rule refers to the guideline that an absence from the U.S. of six months or less does not break your continuous residence for citizenship eligibility. However, being absent for more than six months may imply abandonment of residency unless you can prove your intent to return.

Q: How long can I stay in India after getting a U.S. green card?

As a green card holder, you can stay in India for as long as you wish, but be cautious of your absence duration. Staying outside the U.S. for more than six months may affect your continuous residence status for citizenship eligibility.

Q: What is the 180 day rule for green card?

The 180-day rule for green card holders indicates that an absence of six months or less does not disrupt your continuous residence for citizenship purposes. However, an absence of more than six months can raise questions about your intent to maintain residency.

Full question:

I am a Green Card holder from 1997. Recently I went to India and returned back after 180 days absence. Whether absence of 180 ( 6 months) breaks the period of continuous residence for the purposes of counting the period of continuous for applying for citizenship. I think the absence of more than 6 months alone ( absence of more than 6 months) alone causes break in the period of continuous residence.

Category: Immigration
Date: 04/07/2025
State: Illinois

Answer:

An absence of six months or less does not break continuous residence. An absence of more than six months but less than one year creates a “rebuttable presumption” of abandoning continuous residency for naturalization purposes. The intent underlying the absence is primary in determining abandonment.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How does USCIS count 180 days?

USCIS counts 180 days as a continuous period of absence from the United States. This period begins on the day you leave the U.S. and ends on the day you return. If your absence exceeds 180 days, it may trigger a presumption that you have abandoned your continuous residence for naturalization purposes, unless you can prove otherwise.