How to maintain Permanent Residence status?

[sid_csc]

Hello All:

We are considering sponsoring GC for our in-laws. One of the concern they are having is what are their responsibilities to maintaing the GC.

While some forum/sites warns about usual tactics, USCIS provides following info. Any comments/recommendation will be of great help. Thanks in advance for your time.

From USCIS website:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:


Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a “nonimmigrant” on your tax returns.

Responsibilities
You are required to obey all of the laws of the United States, the States, and localities. You are required to file your income tax returns and report you income to the US Internal Revenue Service and State IRS. You are expected to support the democratic form of government and cannot attempt to change the government through illegal means. If you are a male, age 18 through 25, you are required to register with the Selective Service.


International Travel
A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

 

[pianoplayer]

Hello All:

We are considering sponsoring GC for our in-laws. One of the concern they are having is what are their responsibilities to maintaing the GC.

While some forum/sites warns about usual tactics, USCIS provides following info. Any comments/recommendation will be of great help. Thanks in advance for your time.

From USCIS website:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:


Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a “nonimmigrant” on your tax returns.

Responsibilities
You are required to obey all of the laws of the United States, the States, and localities. You are required to file your income tax returns and report you income to the US Internal Revenue Service and State IRS. You are expected to support the democratic form of government and cannot attempt to change the government through illegal means. If you are a male, age 18 through 25, you are required to register with the Selective Service.


International Travel
A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

What is it exactly that they are concerned about? Maintaining PR in the average case is actually fairly easy. Live in the US permanently. Travel outside only for short trips. File taxes and don't commit serious crimes.

If you could be more specific that would help.

 

[dr_lha]

Hello All:

We are considering sponsoring GC for our in-laws. One of the concern they are having is what are their responsibilities to maintaing the GC.

While some forum/sites warns about usual tactics, USCIS provides following info. Any comments/recommendation will be of great help. Thanks in advance for your time.

From USCIS website:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:


Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a “nonimmigrant” on your tax returns.

Responsibilities
You are required to obey all of the laws of the United States, the States, and localities. You are required to file your income tax returns and report you income to the US Internal Revenue Service and State IRS. You are expected to support the democratic form of government and cannot attempt to change the government through illegal means. If you are a male, age 18 through 25, you are required to register with the Selective Service.


International Travel
A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

Good, you found the USCIS information. Are you confused about it or something? Its pretty clear.

 

[sid_csc]

Well, here is the background info.

Since they are old and got used to life in India, they prefer to spend more time there as they have more social life and so on than in US. But recent 'rigidity' USCIS people showing at airport in using their 10 year visitor visa and the new rule of automatic cancellation of Visitor visa if USCIS rejects extention of Visitor stay in US for more than 6 months. Other alternative is to get green card and be done with it.

But some of the forums/websites even attorney sites are scaring about losing GC.

 

[dr_lha]

Well, here is the background info.

Since they are old and got used to life in India, they prefer to spend more time there as they have more social life and so on than in US. But recent 'rigidity' USCIS people showing at airport in using their 10 year visitor visa and the new rule of automatic cancellation of Visitor visa if USCIS rejects extention of Visitor stay in US for more than 6 months. Other alternative is to get green card and be done with it.

But some of the forums/websites even attorney sites are scaring about losing GC.

People get a Green Card because they want to move permenantly to the USA. If your parents don't want to move to the USA, and prefer to live in India, then they're not eligible for a Green Card.

 

[pianoplayer]

Well, here is the background info.

Since they are old and got used to life in India, they prefer to spend more time there as they have more social life and so on than in US. But recent 'rigidity' USCIS people showing at airport in using their 10 year visitor visa and the new rule of automatic cancellation of Visitor visa if USCIS rejects extention of Visitor stay in US for more than 6 months. Other alternative is to get green card and be done with it.

But some of the forums/websites even attorney sites are scaring about losing GC.

This is what I thought you were attempting to do, but I wanted to hear that from you first. The GC is not a tool of convenience --- you have to really be domiciled in the US. Merely visiting every now and then is not sufficient - it is not purely an issue of math (i.e. how many days per year you spend in the US).

The only way your parents can do what you are suggesting, is to get a GC, stay in the US for the required time and become USC.

 

[bb_5555]

this is a classic question we get a lot on this forum

yes you can be deported if you commit what's called an "aggrivated felony" don't ask me to explain that to you

also if you file your taxes under the "NR" status that is a big no no as well.

also if you are a male and don't apply for selective services that could deny you the gc or citizenship.

everybody seems to want to have their cake and eat it too meaning they want the gc but don't want to live here permanently. you can leave the country with gc for up to 6 months without any problems. if you are out longer you have to apply for the reentry permit. If they insist on staying there that long what they may want to consider is staying here long enough to get citizenship and then they don't have to worry about any of this.

 

[dr_lha]

also if you are a male and don't apply for selective services that could deny you the gc or citizenship.

Just to clarify: This only applies to males aged 18 to 25.

 

[bb_5555]

correct

if they set foot in this country with the intent to stay here between those ages then they must apply for selective services

 

[TheRealCanadian]

if they set foot in this country with the intent to stay here between those ages then they must apply for selective services

Just so we're clear, if one is in a valid non-immigrant category one is exempt from SS registration, no matter what the "intent".

 

[bb_5555]

I don't want to get too technical here but that is true they are technically exempt.

however if you are here as a nonimmigrant and you later decide to do AOS and by some freak coincidence your 26th birthday is around the corner and you havn't yet registered that could be a problem down the road.

besides if you are going to a public university they make all the males between those ages register no matter what.

I would rather play it safe and if there is any thought of wanting to stay here permanently then just go ahead and register.

 

[pianoplayer]

I don't want to get too technical here but that is true they are technically exempt.

however if you are here as a nonimmigrant and you later decide to do AOS and by some freak coincidence your 26th birthday is around the corner and you havn't yet registered that could be a problem down the road.

besides if you are going to a public university they make all the males between those ages register no matter what.

I would rather play it safe and if there is any thought of wanting to stay here permanently then just go ahead and register.

Not true --- e.g. male students in F1 visa status are NEVER required to register, regardless of whether they attend a public university or not.

 

[bb_5555]

I was referring to the specific school requirement

many schools including the one I went to reqired that if you are between the ages of 18-25 you must register for selective services regardless of status.

also I take the position that I would rather avoid a hassle rather than create one. If I came here at age 25 and didn't sign up for selective services I know there are going to be questions about that during the interview. I would much rather fill out the little form and send it in to selective services rather than having some officer grill me on why I did not sign up.

 

[pianoplayer]

I was referring to the specific school requirement

many schools including the one I went to reqired that if you are between the ages of 18-25 you must register for selective services regardless of status.

also I take the position that I would rather avoid a hassle rather than create one. If I came here at age 25 and didn't sign up for selective services I know there are going to be questions about that during the interview. I would much rather fill out the little form and send it in to selective services rather than having some officer grill me on why I did not sign up.

That is a ridiculous requirement for a school to have ---- a school has no authority to request an F1 student to register for selective service. Perhaps you misunderstood the requirement.

I do not see why you think there would be a hassle. Now if the student files AOS or finds himself in a different status, yes, then he needs to register ASAP.

 

[TheRealCanadian]

many schools including the one I went to reqired that if you are between the ages of 18-25 you must register for selective services regardless of status.

Schools could require you to register if you were born on a Saturday in June, but that doesn't make it required or legal. If you are not required to register, you should not. If the school wants to be pissy then ask Selective Service for a letter stating you are not required to register, and then tell the school that your next call will be to a civil rights attorney, who might be generous and let them off with a small settlement.

also I take the position that I would rather avoid a hassle rather than create one. If I came here at age 25 and didn't sign up for selective services I know there are going to be questions about that during the interview.

I came here at 25 and had no questions at all at my interview. Being in a valid non-immigrant status is a valid reason, and USCIS knows it.

 

[pianoplayer]

Schools could require you to register if you were born on a Saturday in June, but that doesn't make it required or legal. If you are not required to register, you should not. If the school wants to be pissy then ask Selective Service for a letter stating you are not required to register, and then tell the school that your next call will be to a civil rights attorney, who might be generous and let them off with a small settlement.



I came here at 25 and had no questions at all at my interview. Being in a valid non-immigrant status is a valid reason, and USCIS knows it.

Well stated!