Criteria to maintain the Green Card Status

C

cpDelhi

Registered Users (C)
All:

My uncle just got his green card through family immigration. He has a government job as a professor in a university. He has 7 more years to retire from the government job. How can he maintain the Green card status and still have his job. He can spend about two months in summer and about a month in December every year for next 7 years. He is also not in hurry to get his citizenship.

Please advice.

Thanks.
 
Why did he bother to get a green card, if his plan is to work for 7 more years in his original country and then retire?
 
He has two sons. One is finishing 12 grade this year and ready to go college here in US. The second is already in US in undergrad school. My uncle got his GREEN card through family and I'm not sure if he had an option to choose his date of immigration to a later date.

Can my uncle stay in US for the summer (about 2-3 months) every year and then finally move after 7 years?

Are there other options to just maintain the GREEN card status in this situation?
 
Is there any option where he can ask for a later date to immigrate but let his wife and kids immigrate at this time. My uncle got his immigration through his brother. Please let me know if there is an option for his family to immigrate now and he can come on after few years?
 
If he is the primary beneficiary, he has to enter the US and get his I-551 passport stamp at the port of entry before or at the same time as the derivative beneficiaries.

Can my uncle stay in US for the summer (about 2-3 months) every year and then finally move after 7 years?
Click to expand...
That probably will work for 3 or 4 years if he has reentry permits, but being able to continue that pattern for 7 years is unlikely.

If his wife and/or sons plan to stay in the US without extensive traveling abroad (and his sons stay out of trouble with the law) so they can be securely eligible for citizenship in 5 years, he could keep up that travel pattern for as long as it lasts, and then if/when they cancel his green card he'll ultimately have the option to return via his son's or wife's sponsorship (sponsorship by a citizen spouse or grown citizen child usually takes less than a year).
 
Jackolantern,

As always, thanks for the quick reply.

Can u elaborate what you mean by "ReEntry permits" in your last post? Is there a process to get(request) "ReEntry permits"?

Thanks.
 
Jackolantern,

Is there a way get a waiver to stay in other country for a longer period (3-4 years) of time after getting the Green Card?

Thanks.
 
cpDelhi said:
Can u elaborate what you mean by "ReEntry permits" in your last post? Is there a process to get(request) "ReEntry permits"?
Click to expand...

Yes. http://www.uscis.gov/i-131

He must be inside the US when submitting the application (including the day USCIS receives it), and be in the US again to give fingerprints for it (about 3-6 weeks after submitting), but he can leave the US in between those times, and leave as soon as he's given fingerprints.

At his choosing, the permit can be delivered either to a US address or to a consulate abroad where he would pick it up. Once approved, the permit will allow him to stay outside the US for 2 years.

After that, he can obtain another permit for another 2 years (again he must be inside the US to submit the app and give fingerprints). But the third consecutive permit will be restricted to 1 year, or denied. If he gets the third, the chances of getting a 4th or 5th permit are very low.

Is there a way get a waiver to stay in other country for a longer period (3-4 years) of time after getting the Green Card?
Click to expand...
If he was going to work abroad for the US government or military he'd have options for staying longer. But for his situation, the 2-year reentry permit is his only option for a "waiver".
 
cpDelhi said:
All:

My uncle just got his green card through family immigration. He has a government job as a professor in a university. He has 7 more years to retire from the government job. How can he maintain the Green card status and still have his job. He can spend about two months in summer and about a month in December every year for next 7 years. He is also not in hurry to get his citizenship.

Please advice.

Thanks.
Click to expand...

Working abroad can be taken as abandonment of his GC. Since he is required to file income taxes on world wide in come, it is easy to prove. If he doesn't file, that is tax avoidance.

He either needs to reside - and work - in the US or return his GC. What a waste! His selfishness has denied legitimate candidates GCs due to the numerical limits.
 
Has he interviewed for the green card yet? Is he the primary, with his wife and sons joining him as derivatives? Or is his wife the primary?
 
Yes!! He has already interviewed. And he is the primary beneficiary. His wife and kids are derivatives.
 
You must log in or register to reply here.
Top