length of stay of gc abroad

[squeaky_1208]

Hello,

My mom is a greencard holder for almost 7 yrs.She never stays long here in the U.S but she makes it appoint that every 6 months she goes back here. Now, she is almost 1 yr in July 17 outside the U.S but she is planning to be here before 1 year.Actually she will be going here on July 4.Will she encounter any problem at the immigration?I call the immigration hotline and told me that gc holder should not stay 1 yr outside U.S or if she does she needs to get a re-entry permit.She has medical records that she got sick and hospitalized for couple of times and that she had reasons why she wasnt able to go back before 6 months. My question is will encounter any problem with the immigration when she comes on july 4?

 

[ginnu]

Hello,

My mom is a greencard holder for almost 7 yrs.She never stays long here in the U.S but she makes it appoint that every 6 months she goes back here. Now, she is almost 1 yr in July 17 outside the U.S but she is planning to be here before 1 year.
--- she need to be back BEFORE she hits 1 year after her departure from US
Actually she will be going here on July 4.Will she encounter any problem at the immigration?I call the immigration hotline and told me that gc holder should not stay 1 yr outside U.S
-that is corret
or if she does she needs to get a re-entry permit.
------------- but re-entry permit has to be appliyed IN US before departure from US it is filed with NSC
She has medical records that she got sick and hospitalized for couple of times and that she had reasons why she wasnt able to go back before 6 months. My question is will encounter any problem with the immigration when she comes on july 4?
-------------- depends on the officer, she need to say that she was out of US less than 1 year or say the days like 300 or whatever ( she can show the stamp on passport that she got when she went to India and got that stamp when she arrived in India, if she has many stamps on her passport then i dont think they will check it

 

[pralay]

My question is will encounter any problem with the immigration when she comes on july 4?

As she is not living in USA, she always runs into the risk of entry getting denied and hence loosing her PR status. The basic thumb rule is that immigration visa should not be used for non-immigration purpose (visiting USA) and non-immigration visa should not be used for immigration purpose.

 

[nsc030104]

As she is not living in USA, she always runs into the risk of entry getting denied and hence loosing her PR status. The basic thumb rule is that immigration visa should not be used for non-immigration purpose (visiting USA) and non-immigration visa should not be used for immigration purpose.

So it is best to remain on H-1B, which is dual intent

Sorry for the poor joke!!