Questioning at POE for extended stay outside US

[sanam9696]

My uncle, who is having US green card, often comes to US to maintain the greencard. His two daughters (citizen) live in US and his wife (Greencard) stays in US for longer period and will be come citized in next few months (hopefully).

After getting greencard, my uncle got 2 yr permit to go to India. He came back to US last week (before the expiry of 2 year permit), just to maintain the greencard. However the immigrationofficer (Newark) asked him, why he stays in India for long time? My uncle explained him that, he is a senior executive of a multinational firm and his job needs frequent travel. Immigration officer replied that why he don't stay in US and travel from here? Also in passport, he put a remark - 6+ months.

I have following questions...need your help?
Is this a warning signal, before one's greencard is revoked?
Is there any law, which can put him trouble, even after complying with re-entry time period? or is this officer/location specific or this can happen at any POE?
He is again applying for re-entry permit (maybe 2 years), does he need to take any precaution while writing the reason for extended stay?

Appreciate your help.

 

[Johnkent]

My uncle, who is having US green card, often comes to US to maintain the greencard. His two daughters (citizen) live in US and his wife (Greencard) stays in US for longer period and will be come citized in next few months (hopefully).

After getting greencard, my uncle got 2 yr permit to go to India. He came back to US last week (before the expiry of 2 year permit), just to maintain the greencard. However the immigrationofficer (Newark) asked him, why he stays in India for long time? My uncle explained him that, he is a senior executive of a multinational firm and his job needs frequent travel. Immigration officer replied that why he don't stay in US and travel from here? Also in passport, he put a remark - 6+ months.

I have following questions...need your help?
Is this a warning signal, before one's greencard is revoked?
Is there any law, which can put him trouble, even after complying with re-entry time period? or is this officer/location specific or this can happen at any POE?
He is again applying for re-entry permit (maybe 2 years), does he need to take any precaution while writing the reason for extended stay?

Appreciate your help.

he needs to make up his mind where he wants to live. He can't be a US resident and at same time be working and living full time in India. I don't know what the +6 months means for sure. he might have his residency revoked as it seems like he would rather live in India than the states

 

[Jackolantern]

Does he keep a house or apartment in the US? Does he file US taxes? If he has done those things, those combined with the re-entry permit he should give him a good defense if they try to take away the green card.

How long has his wife been spending outside the US? If she has spent a total of much more than 6 months away in any given year, her citizenship might be denied for failing to maintain continuous residence.

 

[Dago Red]

6+m means that he broke the continuous 5yr rule. So the earliest year he can apply for citizenship is 2012 -
if he stays now continuously in the US. He will probably not get another reentry permit. Next problem
will most likely result in an entry like 'I-407 advised' in the passport ...

 

[namedude]

This is weird. I thought reentry permit allowed you to stay out for 2 years, you could apply for another one and you would get another 2 years. So I thought that you could be away for 4 years combined.

You still have to maintain ties to the US like:
- File taxes in the US at all times
- Have bank accts, credit cards
- Address in the US - it could be with a friend
- Reentry Permit
- Ideally some source of income from the US
- A good reason - that is some temp reason to stay away. Like contract for a US company

But if you maintain reasonable ties then I thought you should be ok. Can someone comment?