Hello,

My family and I have resided in California for 11 years. My parents came here as scientists with a work visa, but we did not get our green cards until the year 2000. Lately I have been thinking of going to study abroad in Europe, but I know that a green card holder needs to be in the United States for at least 6 months in the year in order not to loose the permanent resident status. Is there anything I can do to keep my green card and at the same time study abroad? Or do I need to wait until I get my citizenship first? Also, when can I start applying for my citizenship? It's been 4 years since I've had my green card, do I need to wait another year or can I start applying now since I've resided legally in the United States since 1993?

Thank you for your help.
Eva

This area of US immigration law is a bit confusing, but fortunately your case is not so complicated.

First, in terms of background, generally a green card holder is at risk of losing her green card if she abandons her US residence and has established residence in another country. Whenever the USCIS suspects someone of abandoning her US residence, that person will be placed in removal proceedings so that an Immigration Judge can make a final determination. The judge will examine many different factors, including the purpose of the trip(s) overseas, the amount of time spent outside of the US, and the green card holder’s ties to the US as well as her ties overseas.

In the event that you plan to remain outside of the US for an extended period of time, there are several steps you can take to demonstrate your intention not to abandon your US permanent residency status, including very simple ones such as obtaining a reentry permit, ensuring that you always file US taxes as a US resident (and not as a non-resident), and maintaining as many active ties as possible with the US. As for the reentry permit, if you plan to spend more than one year outside of the US, you MUST obtain a reentry permit as your green card alone will not be sufficient for travel back to the US.

That being said, if you plan to study abroad, you should apply for a reentry permit. If you are just going abroad to study temporarily with the intent to return to the US at the end of your studies and if you maintain your ties with the US, you should not encounter any difficulty.

Your studying outside of the US, however, could affect your current eligibility to apply for naturalization. You can apply for US citizenship 4 years and 9 months after becoming a resident. During that time period you have to have resided continuously in the US. An extended period of time outside of the US can break your residence for naturalization purposes. In your case, as you are very close to being able to apply for naturalization, you may want to hold off on studying abroad until after you become a US citizen. Once a citizen, there is no requirement to reside in the US.

Before making any decision, you should have a lawyer review your case for personalized advice.