Frequently Asked Questions On Immigration

linechains.gif (2371 bytes)

Compromised Residency

Q. My father is a permanent resident. If hegoes home to teach for two years, will he lose his permanent residency? We've heard that he cannot spend any more than six months out of the U.S. to maintain his permanent residence. Please clarify.

A. To keep his legal residence, your father should get an INS reentry permit. He should also maintain ties here, including a bank account and residential address. Your father must apply for the reentry permit while in the United States. After two years, he can apply for a new permit, but he must come here to apply.

Many people are confused about the "six-month rule." An immigrant may go abroad for more than six months and still reenter the United States if he or she has maintained residence here. After six months continuously abroad however, the INS has the right to ask the immigrant to prove he or she did not abandon U.S. residence. If the immigrant has proof he or she did not abandon residence, the immigrant has the right to return to the United States.

After one year continuously abroad, the person's immigrant visa is no longer valid for entry. That's why I recommend that your father get a reentry permit. He can get the permit by filing INS form I-131, Application for Travel Document.

(By Alan Wernick)

back.gif (1282 bytes)  home.gif (2040 bytes)

¡@

Click here to visit our sponsor
The Datacom Ad Network


Copyright © 1999-2000, Chinatown Online Co. All rights reserved.