Frequent Travel to India on GC

gcholder2007

New Member
I am a GC holder

I just travelled to India from Nov 1st through Dec 3rd and am planning to go again in January 8th for 2 weeks to India.

Are frequent travels like the above allowed on a GC?
 
I am a GC holder

I just travelled to India from Nov 1st through Dec 3rd and am planning to go again in January 8th for 2 weeks to India.

Are frequent travels like the above allowed on a GC?

Yes, if you will be making any longer trips, you may want to consider getting a re-entry permit via form I-131. You would have to have 6+ month long trips or cumulatively excessive amount of time outside the U.S. to endanger your greencard, like 4 out of 5 years.
 
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I am only going for 2 or 3 weeks after being in US for a little over a month, do i still need to file for a reentry permit?

Got my greencard in June 2007, travelled to India for a month in Dec 2008 and then travelled to India in Nov 2010 for a month and now planning to leave on Jan 8th 2011 for 2-3 weeks.

Taking into consideration the above dates and travel time, do i still need to file for a reentry permit or am i safe?
 
No, you don't need a re-entry permit for short trips, even many short trips. You only need a REP when you will have very long trips. Read the I-131 instructions for more information.
 
greencard 6 months?

I am GC holder ...got in 2007, I traveled 2 times to India in 2010

One in Feb for 2 weeks
Second in Aug to Dec- for 4 months.

Is there a limit for travel in One year,I know i should not travel more than 6 months, but how are these six months calculated?, 6months per stay in India in one year or each trip?

I want to fly again in Jan 2011, So wondering if this impact my 6 months stay?

Please advice.
 
Limit: Depends on what your end objective is.

If you are concerned about being let back into the country, one 6 month trip or one 6 month absence should not cause an issue.
If you are concerned about retaining green card, one 6 month trip or one 6 month absence should not cause an issue.
If you are concerned about citizenship application years down the line, they will look at the overall pattern of travel rather than just one trip.
Trips slightly longer may not increase their scrutiny, and trips slightly shorter may not decrease their scrutiny. Again, it depends on your pattern of travel. And you luck I guess.

From what it sounds like, you can fly in January 2011. However, if you can explain what your concern is, people here can provide more educated answers.
 
thanks so much for quick reply, here are more details of my trip, i am concerned only for the Citizenship delay. Total days i had travelled so far is 163days, If I travel in 2011 for another 30-60days does it delay citizenship process as it will be exceeded 180days timeframe?, By Aug2010, i will complete 4 and half years and i can apply for citizenship, i do not want to delay citizenship process because of this extended travel time.

I was under impress that we should not exceed 180days in each trip but thats not true, ,So please advice if I travel in 2011 for a month or two will it delay to apply for my citizenship process.?


1. canada- in 2007 for 4 days= 4days
2. india trip-17th Feb-2009 to March-02-2009= 15days
3. india trip:05-Oct-2009 to 14th Oct-2009= 14days
4. india-trip- 21st March to 1-April-2010 = 8days
5, india trip- Aug 14th to dec 19-2010= 4 months(4*30=120days)

Total= 163 days
 
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It is true that you should not exceed 6 months in a single trip; a single trip of that length will cause you to be denied unless you can provide sufficient evidence of ties to the US which you held during that trip (most importantly, that you kept renting/owning your apartment or house).

If every individual trip is under 6 months, then they evaluate your overall pattern of travel. They're not going to add up your days from multiple years to see if they exceed 6 months; they're looking to see if your pattern of travel indicates that you're primarily residing overseas. So somebody who did something like 4 trips of 5 months each with 10 days between trips is likely to be in trouble, even though each individual trip is under 6 months.

In your case, another trip in 2011 for 2-3 months is not going to cause a problem. But if you start a repeated pattern of one trip after another after another, again and again for a few months each, with very short stays in the US in between trips, that's when things might get problematic.
 
thank you for your reply.

I am living in a apartment and i have lease for one year and keeping the apartment vacant when i go india and paying all the bills. when i came back from india at POE,Immigration officer asked me how many days u r in India i said just 4 months...he said.."4444 months " and then he verified something in system and stamped in passport as 4 months and told me to go.

I want to go in Feb-2011, But i am still not clear on this two things.

1. Does the 180days (continuous residence requirement) is for the total of 5years gap between greencard and citizenship ?

2. Is 180days limit is for each single trip?

3. If the 180days limit is for total 5years gap between greencard approved date and till we get USCitizenship then I have already used 163 days and i have only 17days to travel till i get USCitizenship....

Please advice...
 
The 6 month limit is for a single trip. But you can get denied for an extended pattern of multiple trips of less than 6 months each if they are close together, as I explained above.

Go ahead and travel again in Feb 2011 and stop worrying about it ... unless you plan to be taking trip after trip after trip totaling over a year with very few days in the US in between trips.
 
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thanks , here is more info for Law for continuous residency ---8 CFR 316.5(c)(1)(i) and (ii) states, i hope i do not fall under this...Also, I am filing taxes in USA and not showing any Job abroad.

(c) Disruption of continuity of residence—(1) Absence from the United States—(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under §316.2 (a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence:

(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

(C) The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.

(ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with §316.5(d), absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under §316.2 (a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicant's return to the United States to resume permanent residence.
 
You are confused about the DIFFERENT naturalization eligibility requirements and greencard maintenance requirements. You probably will be applying for naturalization based on at least 5 years as a greencardholder (most people do apply on that basis under INA 316(a)).

1.) Length of time with a greencard. At least 5 years. So, USCIS will look at the 5 years immediately before the N-400 is filed for MOST requirements.

******This 5 years is your basic statutory period (other things before then can have an effect but they are oddball things like Murder, rape, "aggravated felonies" or "Communist party membership" or genocide and persecution of others.)

******For in depth information on disruption of residence for naturalization purposes, please read 8 CFR 316.5(c)(1) completely, see www.uscis.gov

******Aside from naturalization eligibility, one must be concerned with maintaining their underlying immigrant status. A trip of 6 months or more will be viewed as a potential sign of abandonment of status. A period of a year or more is a presumptive abandonment. An absence of a year or more without a re-entry permit means that you would need to apply for a Returning Resident Visa (SB-1), or refugee travel document if a refugee or asylee, before being allowed back in. If an LPR knows that they may need to be abroad for a long period and applies for a re-entry permit in advance of departure, they may safely stay abroad for up to 2 years and return without being viewed as having abandoned greencard status. However, any LPR who has been abroad for over 180 days is seeking an admission into the U.S., even with a re-entry permit so needs to avoid becoming inadmissible. (i.e., don't get arrested or engage in prohibited activities)

INA 101(a) [8 USC 1101(a)] [this section contains "definitions", below excerpt is referring to 8 USC sections]

(13)(A) The terms ``admission'' and ``admitted'' mean, with respect
to an alien, the lawful entry of the alien into the United States after
inspection and authorization by an immigration officer.
(B) An alien who is paroled under section 1182(d)(5) of this title
or permitted to land temporarily as an alien crewman shall not be
considered to have been admitted.
(C) An alien lawfully admitted for permanent residence in the United
States shall not be regarded as seeking an admission into the United
States for purposes of the immigration laws unless the alien--
(i) has abandoned or relinquished that status,
(ii) has been absent from the United States for a continuous
period in excess of 180 days,
(iii) has engaged in illegal activity after having departed the
United States,
(iv) has departed from the United States while under legal
process seeking removal of the alien from the United States,
including removal proceedings under this chapter and extradition
proceedings,
(v) has committed an offense identified in section 1182(a)(2) of
this title, unless since such offense the alien has been granted
relief under section 1182(h) or 1229b(a) of this title, or
(vi) is attempting to enter at a time or place other than as
designated by immigration officers or has not been admitted to the
United States after inspection and authorization by an immigration
officer.

***********************************
2.) Physical presence inside the U.S. For this one requirement they will do the simple math and you must show that you have been inside the U.S. for at HALF of your statutory period.
***********************************
3.) Continuous Residence in the U.S. This refers to your qualitative connection to the American society that you wish to join as a citizen. A trip of 6 month can be viewed as disruptive of the continuity of residence for naturalization purposes. A trip of a year or more will be viewed as disruptive of the continuity of residence for naturalization purposes EXCEPT in a few oddball situations that you have not indicated any connection to so I won't go into them.

The origin of the continuous residence requirement dates back to the Naturalization Act of 1790, which at that time required 2 years residence. The idea was, and remains, to allow a person to become "Americanized" or join into the society in which they desire citizenship and will enjoy the right to vote or serve on juries or hold any but the highest office. This residence has always been tied to the period immediately before naturalization in an effort to have a person enter the society as it currently exists.

If a person gets a greencard and immediately, or shortly thereafter, returns home for a long period with only a few "visits" to the U.S. to maintain LPR status, then FINALLY comes to live in the U.S., the mere fact of having a greencard for a long enough period of time does not prepare that person to join the American society as it currently exists. They are strangers in a strange land and unprepared to become part of "We the People..."

CONCLUSION: The disruption of continuity of residence can have the overarching effect of pushing off your N-400 filing date thus changing the five year statutory period and the time during which physical presence can be calculated. There are different requirements to be considered individually but they are ultimately interconnected.
 
BigJoe, can you please let me know in my case what would happen if i visit to india again in 2011 as per your explanation above?, i have already been out of country about 163 days since i got greencard in 2007, and i completed mimimum: 30months requirement in USA.
 
i want to travel for 2 months in 2011 for two times once in Feb 2011 and after Aug2011?, Does this create any problem when i apply for USCitizenship in Jan2011 when i come back from India?

If 2 trips create a problem...Atleast i want to visit india for 60days in the whole year 2011.
 
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BigJoe, can you please let me know in my case what would happen if i visit to india again in 2011 as per your explanation above?, i have already been out of country about 163 days since i got greencard in 2007, and i completed mimimum: 30months requirement in USA.

First of all, please read the regulations.

You cannot "complete your minimum time in the U.S." and then abandon the U.S. and expect to be granted citizenship.

Short trips are usually not a problem.

You seem to be making more of a big deal out of it that anyone else. Have you got some ulterior motive that you are fishing for an answer for?

365 days/yr x 5 years = 1,845 days / 2 = 912.5 rounded up to 913 days of physical presence required inside the U.S. in the prior 5 years as an LPR on the filing date of an N-400.

One more thing. What kind of job do you have that lets you take 2 two-month trips per years. Sign me up for that!
 
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i want to travel for 2 months in 2011 for two times once in Feb 2011 and after Aug2011?, Does this create any problem when i apply for USCitizenship in Jan2011 when i come back from India?

If 2 trips create a problem...Atleast i want to visit india for 60days in the whole year 2011.

You are worrying too much ... without reason. Go for both 2 month trips without fear. Just do not take too many back to back trips where you come back to US for a week (or 2) and then head back wherever you were.
 
I work as Software Consultant and work remotely in US, Even I go India also i work remotely from India as per US timings and get paycheck in USA only. there is nothing fishy here,,,,just wanted to make sure there should be no problem during my citizenship...After i get citizenship I was to spend few years in India as my parents are old and need to help them.
 
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