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Music and Art at the Ukrainian Institute of America
Posted by Tatiana B. Durbak on January 03, 2002 at 19:02:47:
In Reply to: Re: How long she can stay in Ukraine? posted by Nataliya on January 02, 2002 at 15:40:51:
: : : 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
: I absolutely dissagree! People that were more than six month outside of the USA didn't have any problems returning back. A person may remain outside of the country up to 12 months. After that she must return to the USA or apply for re-entry permit. In general a person can not stay outside of the USA more than two years. She must return at least for few days.
: Nataliya B.
Nataliya--
You can disagree all that you want. I know the law, because I practice it ever day.
If you are an immigration attorney, it's strange that you would give the kind of advice that you are giving. According to the INA, permanent residents who have been absent for more than six months are considered "applicants for admission," and not "returning residents." How they are treated at the border depends on the person and on the border control agent. Persons who are "applicants for admission" may be placed into expedited removal. That would certainly be a problem. This has happened.
If you are not an immigration attorney, why are you giving advice about immigration law?
Your advice might be considered appropriate in certain instances, but is incorrect in others. At best, your advice is incomplete, at worst, it is wrong and misleading and could place a person in a very bad situation.