GC Living requirements

Phattu

Registered Users (C)
Hello

My inlaws have been living with us in the USA since the begin of this calender year 2017. Their biometrics appt is in Feb and the GC will come soon after... what is the 6 mtn requirement? Does it start on the day they came to USA (OCT 2016) OR Does it start on the day they get their GC OR does it start at the begin of the calender year i.e 2017?

They have their return tickets for march and since it is expected that they will get their GC by then.. we just wanted the living requirements for them?

Deep regards,
Phattu
 
There's no such thing as '6 months GC living requirements'. The expectations is that anyone who applies for and gets a GC intends to reside in the US permanently.
 
GC=Permanent Resident.
GC holders should live in the US permanently; occasional short visits outside the US are permitted, but even then, are required to maintain ties to the US, lest they risk abandoning their GC status.
 
They can try to go back and forth, but there is always the risk that if they only visit the US from time to time, they will be discovered and lose it, especially in this new climate.

What are their plans? Stay abroad for 6 months and return to the US for 6 months? That is generally ok, but if they stay abroad for longer and only return for 2-3 months a year, eventually it could be problematic. They can also apply for re-entry permits at the start.
 
What are their plans? Stay abroad for 6 months and return to the US for 6 months? That is generally ok, but if they stay abroad for longer and only return for 2-3 months a year, eventually it could be problematic. They can also apply for re-entry permits at the start.

On the contrary, a GC holder should plan on spending a majority of his\her time in the US. A 6-mo, 6-mo split is potentially unwise year after year.
 
On the contrary, a GC holder should plan on spending a majority of his\her time in the US. A 6-mo, 6-mo split is potentially unwise year after year.
They want to go back to India for whatever time they can. They want to keep their stay to the minimum possible such that GC is not abandoned,.. Primarily my question was to figure out their stay for this year... since they have stayed since January and GC is expected anytime now since biometrics done so i was wondering if i can get clarity on when does the "Clock" start for measuring the time stayed?
 
They want to go back to India for whatever time they can. They want to keep their stay to the minimum possible such that GC is not abandoned,.. Primarily my question was to figure out their stay for this year... since they have stayed since January and GC is expected anytime now since biometrics done so i was wondering if i can get clarity on when does the "Clock" start for measuring the time stayed?

Again, the GC is intended for people who wish to live in the US, not for spending the minimum amount of time possible to ensure the GC isn't abandoned.

Anyway GC clock doesn't start ticking until the GC petition actually gets approved.
 
They want to go back to India for whatever time they can. They want to keep their stay to the minimum possible such that GC is not abandoned,.. Primarily my question was to figure out their stay for this year... since they have stayed since January and GC is expected anytime now since biometrics done so i was wondering if i can get clarity on when does the "Clock" start for measuring the time stayed?
You got it upside down. GC holders should spend the maximum possible in the US. If they don't intend to make the US home, they shouldn't have a green card.
 
Again, the GC is intended for people who wish to live in the US, not for spending the minimum amount of time possible to ensure the GC isn't abandoned.

Anyway GC clock doesn't start ticking until the GC petition actually gets approved.
Thanks

Does the GC petition mean I-130? - Does the clock start ticking when the I-130 has been approved
 
One more question
My parents entered US on B2 visa. We have filed for Green card while they were in US. The 6 months’ stay may expire before my green card arrives. The I-130 is approved. Can they continue to stay in US after the 6 months on B2 are over? Their current status: I-130 is approved and Biometrics is completed for I765.

Please advise?
 
Thanks

Does the GC petition mean I-130? - Does the clock start ticking when the I-130 has been approved

GC petition in this case means the I-485. The I-130 is simply a petition for you to sponsor them, which upon approval enabled them to apply for the GC.
 
One more question
My parents entered US on B2 visa. We have filed for Green card while they were in US. The 6 months’ stay may expire before my green card arrives. The I-130 is approved. Can they continue to stay in US after the 6 months on B2 are over? Their current status: I-130 is approved and Biometrics is completed for I765.

Please advise?

They can remain beyond the expiration of their B2 admitted status since they already have a pending GC petition in the system.
 
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