Conditions to maintain GC if not interested in being USC!

[GC_TRAP]

Hi,

What is the condition to maintain GC indefinitely if one is not interested in becoming a USC. I read about folks, esp. older folks who come to the US once a year for a month or two, get the stamp and go back.

I think the condition is to stay in the US at least 6 months in a year, but is this condition a general requirement for all GC holders or only for those who are interested in filing N-400 to become a USC in let's say five years or more?

So, if one was coming to the US once every year for say two months, have they broken the requirement to maintain permanent residency (in theory, they have) in the US.

At that point, maybe it's better to surrender the GC and "try" to get a multiple entry visitor visa to the US? I say "try" because as with everything US Visa related, nothing is guaranteed while a GC does have some guarantee. I've personally known people who have been to the US 3-4 times and were still refused a visa the 5th time they applied.

 

[sanjoseaug20]

There is no easy rule which you can use. With annual trips of 1-2 months, they can always stop you.

What I have heard is that they give less trouble to older people visiting their sons and daughters in US, but are harder on working age people. This could just be sampling bias on my part.

In theory, staying in US 2 months every year is enough for anyone to start asking you questions.

If someone surrenders the GC, getting visitor visa for 10 years is not hard. Without knowing the rejection reasons, it is hard to comment on why some people were rejected the 5th time. However, in any processing (visa, GC, N400), you should assume a randomness factor of 5%, but a rule based processing for the other 95%. So sometimes you are unlucky ... you give up GC and now you can not get a visa. You have to see whether you can take that risk.

 

[Jackolantern]

I think the condition is to stay in the US at least 6 months in a year, but is this condition a general requirement for all GC holders or only for those who are interested in filing N-400 to become a USC in let's say five years or more?

There is no specific requirement to stay in the US for 6 months each year, but generally and logically, if you are consistently spending more time inside the US every year than outside, it is almost impossible for them to revoke your GC for abandoning residence.

So, if one was coming to the US once every year for say two months, have they broken the requirement to maintain permanent residency (in theory, they have) in the US.

Doing that for one year almost surely won't result in losing the GC. But doing that year after year is likely to get you in trouble eventually, whether it takes 2, 3, 4, or 5 years for an officer to notice it and give you problems for it.