I am a Green Card holder, I have travelled outside the States on January 3rd, 2020 @ 4:00 PM Houston time. I want to arrive to the State on July 1st, 2020 @ 8:00 PM. will i be within the 180 days or no?

Possible combination:

  1. leaving day in, arrival day in it will be 179 days.
  2. leaving day in, arrival day out it will be 180 days.
  3. leaving day out, arrival day in it will be 180 days.
  4. leaving day out, arrival day out it will be 181 days.

If the answer is 180 days. will that be acceptable or it will be considered as over stayed outside the States?

  • 3
    Can you give a reference for rules about 180 days for returning Green Card holders? – Patricia Shanahan May 22 at 14:13
  • 1
    Being absent for more than 180 consecutive days changes your legal status at the border: if you've been away for a shorter time you're not considered to be an applicant for admission (8 USC 1101(a)(13)(C)(ii)).law.cornell.edu/uscode/text/8/1101 – Sam May 22 at 14:32
  • Yes, it does seem to be ambiguous. Do you have good evidence that you did not intend to abandon US residence? – Patricia Shanahan May 22 at 17:12
  • 1
    Rather than trying to resolve this uncertainly, consider avoiding the issue by returning to the US earlier, for example, on June 25. – DavidSupportsMonica May 22 at 20:44
  • 1
    I strongly recommend that you do not push it this close. If you arrive onthe last possible day, and your flight is delayed a day, then there will be serious consequences. Why risk it? – DJClayworth May 25 at 15:03

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