The bottom line is the following: Assuming you do not apply for a reentry permit before you leave, the maximum stay is 1 year. If you apply for a reentry permit before you leave, the maximum stay in the Philippines is 2 years. If you wish to stay longer than two years, you will need both a reentry permit and a returning resident visa.

You must apply for the reentry permit before you depart the US. You do not necessarily need to receive it before you leave. If you stay longer than 2 years, there is no guarantee you will be able to get a returning resident visa.

Note, your US green card may be taken away if your travel record suggests that you reside outside the US more than in the US. So, coming to the US for two weeks every 11 months will at some point result in cancellation of your green card and an inability to return to the US using the green card.

If there is anything else I can be of help with you about, please call or e-mail me. Best to you in your plans.

Answer Applies to: California
Replied: 8/24/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

It is presumed that you no longer hold the U.S. as your permanent residence if you are gone for 6 months out of the country. There are ways to waive this rule. Come in and we will discuss.

Answer Applies to: California
Replied: 8/22/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

1. The law says if you leave the US for less than 6 months as a green card holder, it is fine. If you leave the US for more than 6 months but less than 12 month then you are presumed to have abandoned your green card, unless you rebut this presumption with your evidence that you have not abandoned your green card in the US. Evidence such as tax filings in the US, ownership of house and cars, bank account, employment in the US, are helpful to rebut the presumption that you have abandoned your green card.

2. If you leave the US for more than one year, it is likely that your green card will be revoked for abandonment.

3. If you want to leave the US for more than 1 year, you should apply for a re-entry permit on Form I-131.

4. If you need assistance please contact me by phone or email.

Answer Applies to: California
Replied: 8/21/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.