How long to stay after Family-based GC

jumpdrive

Registered Users (C)
My Friend (US Citizen) applied for her parents GC. It got approved and her parents are in US staying for an yr now on GC. They want to visit India and wondering how long they can be out of country (US) so that their 1 yr stay in US can be consider towards their Citizenship.
I am getting mixed answered, that if they stay more than 6 months out of US, their 1 year stay will not be considered for their citizenship.
Can someone tell me the right answer? I did a search on forums but couldn't find any particular answer.
Thanks in Advance.
 
My Friend (US Citizen) applied for her parents GC. It got approved and her parents are in US staying for an yr now on GC. They want to visit India and wondering how long they can be out of country (US) so that their 1 yr stay in US can be consider towards their Citizenship.
I am getting mixed answered, that if they stay more than 6 months out of US, their 1 year stay will not be considered for their citizenship.
Can someone tell me the right answer? I did a search on forums but couldn't find any particular answer.
Thanks in Advance.


Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:


  • Move to another country intending to live there permanently.
  • Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  • Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  • Fail to file income tax returns while living outside of the US for any period.
    Declare yourself a “nonimmigrant” on your tax returns.
 
Basically, once you get a GC, you need to LIVE PERMANENTLY in the USA. A short visit, a month or two, is understandable... but 6 months?! :p... I do not think so. You can not cheat your way into citizenship. Either you live here or not.
 
Techie / PraetorianXI

Thanks for the quick reply. The requirements seems to be little bit vague. From the requirement posted, sounds like one could stay upto an yr outside with reentry permit. more than an year might get into trouble?
 
You can stay for up to 364 days without a reentry permit. And up to 2 years with an unexpired reentry permit.

However, any stay over 6 months... would be suspicious to a Port of Entry officer, and you would have to prove that you have not abandoned your permanent residency in the US.

Certainly a 14 month vacation or any other excuse like that makes no sense.
 
Pardon me. I am little slow today. Sounds like with re-entry permit it will be okay upto an year or more. Also, depends on the Immigration officer in US. But again, question is would it matter towards the citizenship process which requires to stay in US for 5 yrs. Wondering what is the time frame within which one can stay outside US without affecting their time they had stayed in US.
Thanks again.
 
There are two distinctly separate issues here:

i. You can remain out of the US up to 1 year without a reentry permit, and probably be readmitted to the US using your GC. If you wish to be away longer, you must have a reentry permit, which is good for trips up to 2 years.

ii. Naturalization has its own residency rules, and any trip over 6 months duration is presumed to break residency unless you can prove otherwise. Note: repeatedly visiting the US for short stays every 5-6 months does not constitute a successful strategy to circumvent the continuous residence rules.

Was that clear enough?
 
jumpdrive, here are the instructions on re-entry permit and travel after GC, that I got from my lawyer as a closing note when I got my GC. Please verify the below however for accuracy on the USCIS website as laws could have changed.

"In order to maintain your lawful permanent resident status, you must continue to live in the U.S. A lawful permanent resident (i.e. green card holder) may use the green card as documentation to reenter the U.S. after a “temporary” trip abroad. If a person is outside of the U.S. for an extended period of time (for one year or longer), the person is deemed to have abandoned residence in the U.S., and a green card is insufficient to get the permanent resident back into the U.S. An extended absence from the U.S., even if it is less than one year, may be construed by INS that the person has in effect given up permanent residence in the U.S.

If a person knows he/she is leaving the U.S. for an extended period of time (generally six months or more), he/she should notify INS in advance and obtain additional documentation to ensure reentry into the U.S. In this case, the person can apply to the INS while still physically in the U.S. for a Reentry Permit. A Reentry Permit is a valid reentry document other than the green card and is valid for up to two years from the date of the person’s departure from the U.S. If the person does not make any trips to the U.S. during the two-year period, he/she must return to the U.S. prior to the expiration of that two-year period as indicated on the Reentry Permit.

A person must be physically present in the United States at the time of filing the application for a Reentry Permit. Once the application is filed, a person does not need to remain in the U.S. to wait for a response. Once approved, the Reentry Permit can be mailed to the person abroad. If a Reentry Permit is approved, it may be used by the alien for an unlimited number of entries into the U.S. during the two-year period of its validity. The permit is not renewable once the two years expire; the person must apply for a new Reentry Permit. Again, a person must return to the U.S. prior to the expiration of the Reentry Permit.

A Reentry Permit does not guarantee a person’s readmission to the U.S. but it does certify that the person’s trip abroad has been accepted by INS as temporary, i.e. that the person is maintaining permanent resident status despite the lengthy absence. As a result, a permanent resident who has a valid Reentry Permit cannot be deemed to have abandoned status based solely on the duration of an absence while the permit is valid.

When applying for a Reentry Permit, a person must intend to remain a U.S. permanent resident despite a lengthy absence from the U.S. Permanent resident status is not automatically lost by a lengthy absence abroad, unless it is one year or more, but an extended absence from the Unites States is one strong factor that is taken into account by INS in judging a person’s intentions, and can be determinative. The key factor is the individual’s intentions, but a mere statement of intent to remain a U.S. resident is not controlling. The INS will look at objective facts that indicate the person’s intent to maintain lawful permanent resident status.

The main factors that are considered include the following:

1. Length of absence;

2. Purpose of a person’s departure;

3. Existence of facts indicating a fixed termination date for the stay abroad;

4. Continued filing of U.S. tax returns as a U.S. resident;

5. Maintaining close ties with the U.S., for example maintaining ownership of property, bank accounts, credit

cards, driver’s license;

6. Location of person’s close family members; and

7. Location and nature of the person’s job.

The fact that a person returns to the United States once a year alone has no bearing on the person’s retention of lawful permanent resident status. In all cases, a person MUST file U.S. tax returns as a resident. This does not mean that the alien will have to pay U.S. taxes if he or she is employed abroad, but must file a resident tax return on worldwide income to maintain lawful permanent resident status. A person should also always maintain a U.S. address, even if it is simply a mailing address at a friend’s house or a relative.

A valid Reentry Permit does not negate the effect of a lengthy absence on a person’s ability to meet the requirements for naturalization, which include prescribed periods of residence and physical presence in the U.S.

In order to become a naturalized citizen, a permanent resident must meet a number of requirements. Two of these requirements are that the person must reside continuously in the U.S. for a period of five years from the date of lawful admission, i.e. obtaining the green card, and the person must be actually physically present in the U.S. for at least half of that period (two and a half years for most people) prior to applying for naturalization.

If a person is physically absent from the United States for one year or more, then he/she cannot meet the continuous residence requirement for naturalization purposes. If continuous residence is broken, the result is that a person must start all over again to accumulate the five years continuity of residence upon his/her return to the US. One way to avoid this is to return to the U.S. every six months, although this is not always feasible. Also, any time spent outside of the U.S. makes it more difficult for a person to meet the physical presence requirement of two and a half years.

Generally, lawful permanent resident aliens may apply for citizenship five years after acquiring permanent residence. The law provides that extended absences from the United States may adversely affect your ability to maintain your status as a permanent resident."

You can also find more information on life after a green card on the USCIS website.

http://www.uscis.gov/portal/site/us...nnel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

http://www.uscis.gov/portal/site/us...nnel=aab807b03d92b010VgnVCM10000045f3d6a1RCRD
 
jumpdrive, here are the instructions on re-entry permit and travel after GC, that I got from my lawyer as a closing note when I got my GC. Please verify the below however for accuracy on the USCIS website as laws could have changed.

"In order to maintain your lawful permanent resident status, you must continue to live in the U.S. A lawful permanent resident (i.e. green card holder) may use the green card as documentation to reenter the U.S. after a “temporary” trip abroad. If a person is outside of the U.S. for an extended period of time (for one year or longer), the person is deemed to have abandoned residence in the U.S., and a green card is insufficient to get the permanent resident back into the U.S. An extended absence from the U.S., even if it is less than one year, may be construed by INS that the person has in effect given up permanent residence in the U.S.

If a person knows he/she is leaving the U.S. for an extended period of time (generally six months or more), he/she should notify INS in advance and obtain additional documentation to ensure reentry into the U.S. In this case, the person can apply to the INS while still physically in the U.S. for a Reentry Permit. A Reentry Permit is a valid reentry document other than the green card and is valid for up to two years from the date of the person’s departure from the U.S. If the person does not make any trips to the U.S. during the two-year period, he/she must return to the U.S. prior to the expiration of that two-year period as indicated on the Reentry Permit.

A person must be physically present in the United States at the time of filing the application for a Reentry Permit. Once the application is filed, a person does not need to remain in the U.S. to wait for a response. Once approved, the Reentry Permit can be mailed to the person abroad. If a Reentry Permit is approved, it may be used by the alien for an unlimited number of entries into the U.S. during the two-year period of its validity. The permit is not renewable once the two years expire; the person must apply for a new Reentry Permit. Again, a person must return to the U.S. prior to the expiration of the Reentry Permit.

A Reentry Permit does not guarantee a person’s readmission to the U.S. but it does certify that the person’s trip abroad has been accepted by INS as temporary, i.e. that the person is maintaining permanent resident status despite the lengthy absence. As a result, a permanent resident who has a valid Reentry Permit cannot be deemed to have abandoned status based solely on the duration of an absence while the permit is valid.

When applying for a Reentry Permit, a person must intend to remain a U.S. permanent resident despite a lengthy absence from the U.S. Permanent resident status is not automatically lost by a lengthy absence abroad, unless it is one year or more, but an extended absence from the Unites States is one strong factor that is taken into account by INS in judging a person’s intentions, and can be determinative. The key factor is the individual’s intentions, but a mere statement of intent to remain a U.S. resident is not controlling. The INS will look at objective facts that indicate the person’s intent to maintain lawful permanent resident status.

The main factors that are considered include the following:

1. Length of absence;

2. Purpose of a person’s departure;

3. Existence of facts indicating a fixed termination date for the stay abroad;

4. Continued filing of U.S. tax returns as a U.S. resident;

5. Maintaining close ties with the U.S., for example maintaining ownership of property, bank accounts, credit

cards, driver’s license;

6. Location of person’s close family members; and

7. Location and nature of the person’s job.

The fact that a person returns to the United States once a year alone has no bearing on the person’s retention of lawful permanent resident status. In all cases, a person MUST file U.S. tax returns as a resident. This does not mean that the alien will have to pay U.S. taxes if he or she is employed abroad, but must file a resident tax return on worldwide income to maintain lawful permanent resident status. A person should also always maintain a U.S. address, even if it is simply a mailing address at a friend’s house or a relative.

A valid Reentry Permit does not negate the effect of a lengthy absence on a person’s ability to meet the requirements for naturalization, which include prescribed periods of residence and physical presence in the U.S.

In order to become a naturalized citizen, a permanent resident must meet a number of requirements. Two of these requirements are that the person must reside continuously in the U.S. for a period of five years from the date of lawful admission, i.e. obtaining the green card, and the person must be actually physically present in the U.S. for at least half of that period (two and a half years for most people) prior to applying for naturalization.

If a person is physically absent from the United States for one year or more, then he/she cannot meet the continuous residence requirement for naturalization purposes. If continuous residence is broken, the result is that a person must start all over again to accumulate the five years continuity of residence upon his/her return to the US. One way to avoid this is to return to the U.S. every six months, although this is not always feasible. Also, any time spent outside of the U.S. makes it more difficult for a person to meet the physical presence requirement of two and a half years.

Generally, lawful permanent resident aliens may apply for citizenship five years after acquiring permanent residence. The law provides that extended absences from the United States may adversely affect your ability to maintain your status as a permanent resident."

You can also find more information on life after a green card on the USCIS website.

http://www.uscis.gov/portal/site/us...nnel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

http://www.uscis.gov/portal/site/us...nnel=aab807b03d92b010VgnVCM10000045f3d6a1RCRD

Thank you for that information, I think everything is pretty much the same, except for the suggestion to visit the US every 6 months. That will do nothing to maintain your residency.
 
Thank you for that information, I think everything is pretty much the same, except for the suggestion to visit the US every 6 months. That will do nothing to maintain your residency.

Yes... quite a few people have found that out the hard way!
 
Lately I am seeing more and more queries with regards to finding ways (aka loopholes) to keeping one's GC. Is there a different school of thought out there which thinks the "P" in PR stands for "proxy" and not "permanent"?
 
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