how long we can stay out of US on Green Card status
- Thread starter pratapnr
- Start date
pratapnr said:
I thought it was 6 months after which you need AP? Someone else will probably know for sure.
But why do people get green cards only to turn around the next day and go back home? Do you want to be American or not? If not, why waste the US taxpayer's time and money with the process, not to mention making the process that much longer for everyone (ie me) for wants a green card to gee I dunno, actually be a RESIDENT of the United States.
Check http://www.usavisacounsel.com/article-95.htm.pratapnr said:
charchamps
Registered Users (C)
Hello, Way 2 go with ur ans.. it bothers me also 2 c there r so many ppl who r waiting to become residents and would make the US their pernament hme, then there r the others who gets it then rtn 2 their country, then stays there 4 a while, somethig is definately wrg with this picture..eddie_d said:
TheInquisitor
Registered Users (C)
some people just want to come here for the money and the jobs. they are not coming here to live and make this country a better country per se. they are here to make money. and it is six months, then the son in question is out of status. it has been more than six months. bring your kid back ASAP and better hope you have a valid reason. talkt to lawyer. and perhaps you didn't know about forums such as this one, but you need to find things out before you take the next step.
Pinturicchio
Registered Users (C)
TheInquisitor said:
The last thing anyone wants is an illegal preaching.
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TheInquisitor
Registered Users (C)
even if true, does that mean that nothing i say could be true? that our friend would be better off if his son loses his green card than perhaps getting advice that might prevent that? wonderful, with yours like you, who needs enemies. yet another example of how illegals and legal immigrants are really on the same boat. we all know that once tancredo is done illegals he is going after legals.
so fine. let our friend spend thousands of dollars in legal fees because he didn't listen to people that might not have status. yeah. that is right. let him suffer by not being with his son. yeah. way to go.
so fine. let our friend spend thousands of dollars in legal fees because he didn't listen to people that might not have status. yeah. that is right. let him suffer by not being with his son. yeah. way to go.
Pinturicchio
Registered Users (C)
TheInquisitor said:even if true, does that mean that nothing i say could be true? that our friend would be better off if his son loses his green card than perhaps getting advice that might prevent that? wonderful, with yours like you, who needs enemies. yet another example of how illegals and legal immigrants are really on the same boat. we all know that once tancredo is done illegals he is going after legals.
so fine. let our friend spend thousands of dollars in legal fees because he didn't listen to people that might not have status. yeah. that is right. let him suffer by not being with his son. yeah. way to go.
I was referring to the preaching you decided to honor us with at the beginning of your post. I should have been more specific at quoting you :
TheInquisitor said:
TheInquisitor
Registered Users (C)
either way, the post stands. and i am glad you at least see that it would suck if our friend has to spend thousands of dollars because some parasite (in some people's mind) and possibly a radical islamic terrorist (one never knows) actually gives him the correct answer but he won't get it or listen to it. glad to see you aren't lou dobbs or tancredo.
Maybe I missed an option somewhere along the way...
My wife is here bacause she wants to be with me, not because she wants to be an American. WE (she, I and our children) would also like to live in her country at intervals during our lifetime. Is a greencard not appropriate for her documentation while we're living in the US? If not, what is the proper documentation for her to obtain if we want to live here and have her work here for say the next five years? Knowing that eventually we wish to live elsewhere.
Should she be forced to maintain her original H1B? I don't even think that would be legal since she is now married to a USC.
Is there some "Legal TEMPORARY Resident" document we should've applied for instead? I think that to say people in this situation are bad for the system is not fair. If they're burdening the LPR approval system inappropriately, then give them a better system.
My wife is here bacause she wants to be with me, not because she wants to be an American. WE (she, I and our children) would also like to live in her country at intervals during our lifetime. Is a greencard not appropriate for her documentation while we're living in the US? If not, what is the proper documentation for her to obtain if we want to live here and have her work here for say the next five years? Knowing that eventually we wish to live elsewhere.
Should she be forced to maintain her original H1B? I don't even think that would be legal since she is now married to a USC.
Is there some "Legal TEMPORARY Resident" document we should've applied for instead? I think that to say people in this situation are bad for the system is not fair. If they're burdening the LPR approval system inappropriately, then give them a better system.
lardbird said:
Isn't what you describe exactly an H1B visa? With it you can live and work in the USA for up to 6 years, then you go home. You answered your own question.
There is nothing illegal about marrying a USC and maintaining H1B. I am in that category and so are a few others in this forum, perfectly legal and if we had decided to not apply for a GC there is no law that says once you marry you lose H1B status.
As I see it getting a green card aka "Legal ****Permanent**** Resident" status implies to me a wish to be just that a ****PERMANENT**** resident of the USA, not a temporary, maybe work for 5 years and go home resident.
pianoplayer
Registered Users (C)
eddie_d said:
Even though that may be the intention of the GC, there are many many people that do not fit the box. What if you wanted to stay just 8yrs or 10 yrs.? Or you have plans to retire in another country? There is nothing in the law that prevents a couple from applying for the GC under circumstances like that. The only condition is, that while you hold the GC and want to use its privileges, you must not have abandoned the US as a permanent residence. Many people decide to move later in their life or immigrate to another country for what they consider a better life elsewhere. Whether you foresee something like that now or only decide to do so later, does not matter. Just adhere to current permanent residence regulations.
There is no visa/status that currently caters for "temporary" permanent residents and as such people that wish to stay for a long time, have to usually go the GC route.
pianoplayer
Registered Users (C)
eddie_d said:
I do not think Lardbird was quoting any specific figures - they want to reside here for the next "couple of years" - whatever that is. He used 5 yrs as an example, im sure it could be 4 or 6.
Regardless though, Eddie, I do take your point. Just remember that if someone abandones PR, they cannot come back, so there is some self-correction in the system. However, apart from that, it is not up to us to dictate to people, outside the structure provided by the law.
pianoplayer,
Yes, it was an example. You point about abandoning intent of PR is dead-on. Definitely what the law says, butas you mention, there are people that don't fit in the box.
eddie d,
I am no H1 expert, but is that not for very specific skilled occupations? So what your saying is that in order to stay here with her husband and work, my wife ought to be required to maintain her career as a research scientitst or university profesor, etc. That doesn't make any sense. Why can't she just go be a waitress if she wants to, or a 1st grade teacher's assistant, or a 1st grade teacher? I can accept any job I want to in this country, I think my wife ought to be able to as well. (And for the record, she is highly skilled and perfectly qualified to receive the H1B she was on. When we married, we moved to a small town more than an hour from the nearest metro area, she will not find similar high level jobs here, so why can't she find some other work that satisfies her without having to declare her intent to be here forever.)
Yes, it was an example. You point about abandoning intent of PR is dead-on. Definitely what the law says, butas you mention, there are people that don't fit in the box.
eddie d,
I am no H1 expert, but is that not for very specific skilled occupations? So what your saying is that in order to stay here with her husband and work, my wife ought to be required to maintain her career as a research scientitst or university profesor, etc. That doesn't make any sense. Why can't she just go be a waitress if she wants to, or a 1st grade teacher's assistant, or a 1st grade teacher? I can accept any job I want to in this country, I think my wife ought to be able to as well. (And for the record, she is highly skilled and perfectly qualified to receive the H1B she was on. When we married, we moved to a small town more than an hour from the nearest metro area, she will not find similar high level jobs here, so why can't she find some other work that satisfies her without having to declare her intent to be here forever.)
lardbird said:
That's great that your wife is highly skilled, congratulations, so's mine
and that you live in a small town is also super, I live in a big city myself, tried living in a small town, lasted only 6 months before I almost died of boredom.Now, going back to the topic at hand...
1. H1B covers many professions, I don't know every single one, but despite most people's views, it is not an IT visa.
2. H1B is not the only work visa available. There are many, many different options from temporary farm worker visas to visas for PhDs in nuclear physicis and everything in between, including 1st Grade teachers in small towns. Last year my school district hired 20 teachers from the Philippines because there is a big shortage. Those teachers did not need a GC.
3. I never said your wife should declare her intent to be here forever. I think it's not right that she is taking someone's spot who does have that intention, you know like the people waiting for 20 years at the shot of getting a GC? Or at the very least if not taking a spot away, adding just a little more wait to everyone else's process. Multiply your wife by thousands like her and it adds up.
I guess I'm old fashioned and have this silly notion about citizenship (and I mean that in the broad sense of the word) being more than about the ability to get a job.
pianoplayer
Registered Users (C)
lardbird said:
I think this argument is becoming too personal. It may be perceived by some that others are taking away their opportunities, but really; if people are acting within the law on this matter, their actions are legal. One may not always agree with the intentions, but they are simply exercising legal options. Until the US develops a more comprehensive temporary resident program, options are limited. The system is not perfect, but it is what we have right now. Rather than attack specific cases or people, perhaps efforts should be concentrated on changing law/policy.