Major advice needed.

Out of context: Reply #18

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  • MrDinky0

    Reentry Permits may be issued for up to two years. No extensions are permitted; however, a new application requesting an additional period of time may be filed. The Reentry Permit allows a permanent resident to make an entry into the United States every 24 months rather than every 12 months (as the minimum indication of intent to remain a permanent resident). However, please see below for the effect of a 24-month absence on a future naturalization application. When the applicant for a Reentry Permit has been outside of the U.S. for an aggregated period of four out of the previous five years, the permit will be issued only for one year. Once a permanent resident has been based outside of the United States for a continuous period of four years (which may include casual trips into the United States), a rebuttable presumption arises regarding that individual’s lack of intent to remain a permanent resident of the United States. While the individual will not automatically be deemed to have ceded his permanent resident status, the USCIS reviews Reentry Permit applications by such applicants with great care and concern, and an eye towards determining if the individual has maintained the intent to remain a U.S. permanent resident.

    Instances in which the individual has been a permanent resident for only a short period before filing for a Reentry Permit may present special problems. In such instances, it is advisable to file for the Reentry Permit during the first trip back to the United States within six months of the initial departure for the foreign assignment.

    Although permanent residence is not automatically lost by failing to reenter within 12 months of departure or failing to obtain a Reentry Permit, the USCIS can invoke legal barriers to the continuation of permanent resident status for such failures. Thus, we caution clients to enter the U.S. no less frequently than every six months. Should the temporary assignment last longer than four to five years, it is especially important that entries be made every six months at the very least, and that such visits last long enough to reestablish strong ties within the U.S. It is also advisable at this stage to consult with us regarding continued status as a permanent resident.

    • Hmmm, maybe your infor is more up-to-date than mine, I've been told differently (although from forums, not a lawyer).5timuli

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