Understanding the 6 month and one year rules for LPRs

LPRs who travel outside the USA need to be concerned that their travels don’t jeopardize their LPR status or their ability to naturalize.

First thing is that while USCIS’s own documents refer to 6 months it is actually 180 days.

An LPR with that is absent for 181 or more consecutive days faces the following consequences:

• An assumption that the LPR abandoned residency. Upon return to USA, a secondary inspection is probable. In that inspection CBP will determine if LPR has abandoned residency. An LPR with a good reason for the absence combined with proof of maintaining ties to America will be admitted without further in incident of the absence was under one calendar year.

• If the absence was one calendar year or more, even if CBP concludes residency was not abandoned, it is possible other parts of DHS might later find to the contrary. To avoid a possible future revocation of LPR status, the LPR should file for citizenship as soon as eligible and should avoid travel outside the USA for at least a year.

• An assumption the LPR broke continuous residency. If so, the LPR might have to wait 4.5 years before filing for naturalization. Nothing prevents LPRs who have been LPRs for 5 years from filing anyway, but they should not be surprised by a denial.

Note that being away from USA for 181 or more days is not the only test for whether the LPR has abandoned residency. For examples:

• CBP might look at the pattern of travel. An LPR that tries the trick of leaving the USA for 180 or 364 days, combing back for 24 hours and leaving for another 180/364 days will inevitably get a secondary inspection. Such a pattern will never qualify for naturalization anyway because the base requirement 50 percent physical presence in the USA for the previous 5 years.

• A pattern of shorter trips but less than 50 percent physical presence in the USA over rolling 365 day periods can trigger a CBP inspection. Even if over the past 5 years the LPR has maintained 50 percent USA physical presence, USCIS might still deny naturalization for such a pattern.

So suppose the LPR has been away for 181 or more days. The question is what to do about it? The answer is, if the LPR wants to maintain status is to come home.

The LPR might face a secondary inspection. And the LPR might be pressure to sign an I-407 to relinquish LPR status. If the LPR wants to continue residency in the USA, the LPR should refuse such pressure.

A detailed playbook is at https://www.aila.org/File/Related/18110604b.pdf . This document busts so many myths, the most important being that CBP cannot deny entry to any LPR who arrives at a land, sea, or air port of entry that is on US soil.

Note that CBP preclearance stations at other countries such as Canada, Ireland, UAE (Abu Dhabi), and various airports in the Caribbean are possible exceptions where CBP can possibly deny entry to LPRs and US citizens. LPRs should be prepared to travel instead to Canada or Mexico and walk into the USA if they cannot fly (most airports in Canada with flights to the USA have CBP stations). The land ports of entry are on US soil.

It is also a good idea to get multi year multi entry visas for both Canada and Mexico.