Green Card Status

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user8901

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Myself, my wife who was a principal applicant for the Green Card through Diversity Visa Lottery 2009 & 2 kids (aged 7 & 2) entered the US through POE, San Francisco on 24th July 2009.

Since my eldest daughter had to complete her education (Grade 2) in India, my wife and 2 kids left the country on 3rd Aug 2009. My family will join me back in May 2010 as soon as my daughter completes her school term in April 2010.

I managed to pick up a job ever since i arrived in the US and have now received my family’s Green Cards. I will be travelling to India in May 2010 to get my family back to live permanently in the US.

As per the USCIS website, in determining whether your US permanent residency status has been abandoned, any length of absence from the US may be considered, even if less than 1 year. My question is

a) What is the start date considered to deduce if permanent residency is abandoned or not? Is it the POE stamp date, in my case the 24th July?
b) Since my family will be back lesser than a year (10 months from Jul 09 to May 10), will they face any questioning at the POE?
c) If questioned at POE, should I be prepared with any documentation as a proof that my family is joining me permanently? In such case, what are the documents considered as a valid proof?

Appreciate a response.
 
it's the first year of the green card. they ll should be fine. bring all evidence in case they are questionned. Admission in a us school is a valid proof.
 
user8901 said:
Since my eldest daughter had to complete her education (Grade 2) in India, my wife and 2 kids left the country on 3rd Aug 2009.
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She didn't have to go to India to do that; that was your choice. They arrived in July, and the school year in the US starts in August or September so she could have attended a US school without the disruption of joining after the school year starts.
a) What is the start date considered to deduce if permanent residency is abandoned or not? Is it the POE stamp date, in my case the 24th July?
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They count from the date of departure from the US.
b) Since my family will be back lesser than a year (10 months from Jul 09 to May 10), will they face any questioning at the POE?
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Maybe. Once gone for 180 days or more, they are considered to be "seeking admission", which has certain legal implications and increases the chances of heavy questioning. In addition, staying outside the US for more than 6 months may delay eligibility for citizenship.
c) If questioned at POE, should I be prepared with any documentation as a proof that my family is joining me permanently? In such case, what are the documents considered as a valid proof?
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Lease agreement or proof of home ownership, bank statements, proof of car ownership or other substantial US-based assets. Your wife is the one who will be staying outside the US for a long time, so it would help if her name is on those documents.

I presume your wife was born outside India? Because Indian-born are not eligible for the diversity lottery.
 
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Thanks for all your inputs. Most appreciated.

Yes my wife was born outside of India.

My daughter was already enrolled in a school in India and since she was into her first term, i didnt really want a disruption in studies. Also, as she has never lived with her grand parents for a long time, it was one of the reasons, i wanted her to continue.

As it was our first year and had to wind up permanently back in India, i hope the officers will consider that.

I do have a valid employment, a bank account and do own a car. Hopefully that should come handy.

Thanks
 
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