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Music and Art at the Ukrainian Institute of America
Posted by Tatiana B. Durbak on December 25, 2001 at 22:46:20:
In Reply to: How long she can stay in Ukraine? posted by Vika on December 23, 2001 at 15:23:05:
: My mother left from the U.S.A. to Ukraine because of sickness my grandfather. That was her first visit to Ukraine. She has a green card and lived in the U.S.A. for 4 years. How long she can stay and take care of my grandfather in Ukraine?
: Please, advise us!!!
: She doesn't want to lose green card.
: Thank you to all who'll answer.
If your mother stays in Ukraine for fewer than 6 months, she will be considered a returning resident and should have absolutely no problems. If your mother stays out for more than six months, but less than one year, she may have to prove that she did not intend to abandon her US residence. This means that she may have to prove that the visit was for a temporary time.
If your mother needs to stay out for more than one year, she should get a re-entry permit. With this permit, she will be able to stay out for up to 2 years. The re-entry permit proves that she did not intend to abandon her residence.
I usually recommend to any clients who will need to stay out for more than six months to get a re-entry permit. Then, there will be no probelms showing that there was no intent to abandon the US residence. Applying for and receiving such a permit is, at present, proof that there was no intent to abandon residence.
If she stays out for more than one year, she breaks the continuous residency required for naturalization, unless she files some special documents with INS.
I hope that all goes well for your mother.
Tatiana Durbak