I have a green card and went to India in Nov ’19, planning on spending about five months with my family. But, with the ongoing outbreak, it seems I will be here for more than six months. Will this put my green card in jeopardy?
30 Apr 2020Answer
Depending on the circumstances, if a lawful permanent resident, or “green card holder,” takes an extended trip abroad, this can be interpreted to mean that the person has abandoned his or her residency in the United States. There is a presumption of abandonment when one takes a trip that lasts more than six months. However, this presumption is rebuttable; given that commercial flights in India have been suspended, this should make for a strong argument that one intended to return in less than six months. More details on this issue can be found in the MurthyDotCom NewsBrief, Extended Travel by a Permanent Resident, Part 1 and Part 2. (29.Apr.2020)
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