Overstaying the Green Card

Hi!
My husband got his green card last year in September. However, we have been in the UK since then, for work. Do you know if he will lose his green card because we have not moved back to the US?
Help!

There's a misconception about the time one is allowed to stay away from the U.S on an I-94 (green card) and it's got more to do with intent than actual time spent away. The rule is that you are considered to have abandoned the U.S and therefore forfeited right of abode if you are out of the country for up to one year. This should'nt be construed as having the absolute right to return within that year. According to you , your husband has been in the U.K for 8 months. This is almost certain to raise questions with immigration when and if he attempts to re-enter. While the rule is up to one year, most immigration lawyers recommend no longer than 3 months in any calender year, and even with that one must be be prepared to answer questions about whether they have a permanent residence in the U.S, the reason for the absence, ties to employment, etc..........in other words they'll want proof that your'e not trying to keep the green card and live in the U.K at the same time and being gone for 8 months IMHO is going to make them suspicious about motive. Like anything else, there's extenuating circumstances (ie: your husband is employed by a U.S company and on contract to an overseas branch of that company, a family illness requiring his presence, etc) but if the reasons are'nt found to be plausible and substantiated, the IO could very well deny him entry. This may not be what you want to hear but you should expect your husband to be questioned about his prolonged absence.

Thank you for your information. That is what I thought. I guess we will go through the extention route. I saw that on the US Embassy site.
I am not sure how to go about it though
Anyone know?

          Here's a website that may clarify some of the answers to your questions:

                                     http://www.jcvisa.com/keepyourgc.htm


                       I believe what your'e inquiring about is a Re-Entry permit which
                       would be aquired through the U.S Embassy in London. Whether or
                       not your'e husband would actually need one is something only they
                       could answer.

Thank you CeltictotheCore:
You seem to know a lot and I appreciate the help. I had a look on the website you gave me and will show it to the hubby tonight. I am not sure whether we should try and enter in September which was our planned holiday to the U.S. or apply for the re-entry permit. We have been in the U.S. twice since he got the Green Card, so we may or may not be questionned. Who is to say. We are entering in LA and they might all be having a bad day at the port of entry. URGH!!
Thanks again for the help and advice

Thanks for the info also. My husband and I (he's the gc holder) have been out of the US since 2 weeks after he entered the US and got his gc. We're both getting worried now - we cant seem to sell our house. Your info will hopefully be very helpfull!

Sarah

MarsBar, selling off property and the time required to do so especially if the proceeds from the sale are what you're going to need in order to set up your life here in America should'nt be a problem or appear unreasonable to an IO if your husband is questioned. I'm actually in the same boat only in reverse as my U.K Settlement Visa was issued on 2/14/04 and I won't be arriving there until 7/5/04 and that's my reason for the delay also. I'm going to hand carry the purchase and sale agreement and paperwork from the bank (we close on 6/30/04) in the event I'm questioned by British Immigration about the lapse in time. There's a difference between a Fiancee Visa and a Settlement Visa (the former I believe needs to be implemented within 3 months and the latter is good until the expiry date). The British Embassy in New York clarified this for me a few months back so if it puts your mind at ease and gives you one less thing to worry about phone the American Embassy in London, but I'm sure they'll tell you pretty much the same thing about coming this way.

                                                         Re-Entry Permits

 Generally, a lawful permanent resident or conditional resident may not use his "green card" to obtain re-admission to the United States after an absence of one (1) year or more.

A re-entry permit is a document which allows a lawful permanent resident or conditional resident to apply for re-admission to the United States after an absence of more than one (1) year without having to obtain a special immigrant visa from the United States Consulate abroad, provided that entry to the United States is made during the validity period of the permit. A re-entry permit should be obtained for any absence outside the United States for a period of more than six months. Please note, however, that presentation of a re-entry permit at a Port of Entry does not guarantee re-admission to the United States. Accordingly, a lawful permanent resident may still be required to demonstrate his intention to maintain lawful permanent residence status in the United States as demonstrated by evidence of ties to the United States (family, employment, property, taxes, credit cards, holdings, memberships).

A lawful permanent resident or conditional resident must be physically present in the United States at the time he or she applies for a re-entry permit, before departure. However, departure before the decision does not effect the validity of a re-entry document and may be received at a consulate or overseas U.S. INS office.

If an applicant has been a lawful permanent resident for more than five (5) years and has resided outside the United States for more than four (4) of the last five (5) years, the U.S. INS will not issue a re-entry permit.

Application Procedure

In order to apply for a re-entry permit, an applicant must complete and file an Application for Advance Parole (Form I-131). The application must be filed with the U.S. INS' Nebraska Service Center while the applicant is in the United States.

A re-entry permit is issued with a maximum validity period of two (2) years. A lawful permanent resident may apply for a new re-entry permit at the expiration of the two (2) year period, but must do so while physically present in the United States.

Celtic, thanks very much for the reassurance. In the link you provided it says one of the good reasons for being away so long can be the need to liquidate assets abroad. Fhew!! Your help is much appreciated. Hope things go well for you on your way back to the UK too!

Sarah