Major advice needed.
Out of context: Reply #19
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It is important to note that none of these documents confers a right to reentry or a guarantee of admission. Regardless of which reentry documentation an individual presents, the law explicitly indicates that the privilege of making an entry into the United States as a permanent resident will be accorded only to those who are returning to “an unrelinquished lawful permanent residence in the United States,” and who are returning from “a temporary absence abroad.” These two factors are the prime considerations in the USCIS’s determination that an individual has maintained permanent resident status. Accordingly, if the USCIS finds that the absence abroad was not temporary or that the lawful permanent residence has been abandoned, it may conclude that the individual is no longer a United States permanent resident. The individual may be excluded from the United States notwithstanding that the reentry document appears to be valid on its face.
Returning to the United States once in every 12-month period is not in and of itself sufficient to establish that an individual has not abandoned permanent resident status. The DHS regulations provide that a “Green Card” may be presented by a returning lawful permanent resident only if the resident is returning after a temporary absence abroad not exceeding one year. Return from a trip abroad within one year, therefore, is the minimum requirement in order to maintain lawful permanent resident status without obtaining special reentry documentation (i.e., a Reentry Permit).
To reiterate, should a permanent resident spend substantial time outside the United States, there is a risk that he or she would encounter difficulties with the USCIS upon seeking readmission to the United States. The USCIS would use a balancing test in determining whether the individual had maintained permanent resident status in the United States. The factors considered are those outlined above, including the purpose of the individual’s trip abroad, the length and frequency of his absences, and the individual’s respective ties to the United States and any foreign country. Unless the individual’s ties to the United States were substantially more significant than those to the foreign country, the individual would risk being removed from (or refused admission to) the United States.