Maintain permanent residency status

D

doe

Registered Users (C)
Does a person who has green card need to stay for 6 months in US to maintain his/her status?

What is the minimum number of days that a person has to stay in US to maintain his/her permanent residency status?

Can he/she visit for one month or so in a year and still maintain his/her permanent residency or does she/he required to stay for 6 months to maintain the status??

Would appreciate any response on this..
 
Doe,
Just do what the card says. Make the US your permanent home. Physically you need to be in the US for more than half the year. Visiting for a month ever year will NOT maintain your permanent residency status.


doe said:
Does a person who has green card need to stay for 6 months in US to maintain his/her status?

What is the minimum number of days that a person has to stay in US to maintain his/her permanent residency status?

Can he/she visit for one month or so in a year and still maintain his/her permanent residency or does she/he required to stay for 6 months to maintain the status??

Would appreciate any response on this..
Click to expand...
 
if u stay outsie the US for more than 6 months at a time, U HAVE ABANDONED U'RE RESIDENCE, and thus will not be able to renter util certain processes or steps are take which usually takes a long time and unfortunatelly some take for ever and they will not let u in.
 
Let's be sure of the law states ...
1) You have to make the US your permanent residence
2) You loose your PR status if you are out for year and don't have a Reentry Permit
3) If you are out of the US for more than six months, the onus is on you to prove that you didn't abandon your permanent residence

While #2 and 3 are clear as to when you loose your PR status, #1 is very subjective. ANYTHING can trigger a probe and ICE can easily conclude that you have abandoned your GC by staying out for a period of time or successions of being out of the country. Be very careful how you deal with it.
 
I copied this DIRECTLY from the USCIS site:

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.
 
Praetorian,

Because one law does not fit everyone! Or perhaps better stated...the current group of poorly interwined laws fail to address everyone.

not everyone who comes to the US intended to stay here forever. Maybe one could legitimately come here to study and suddenly their life changes course and they find themselves in a happy marriage. Should that person be forced to abandon all hope of ever living in their own country again to stay here with their USC spouse? Maybe they want to return to their home for some period so their children know their entire heritage? Or because a parent has an extended illness?

Luckily, this is the intent (at least as I understand it) of the reentry permit and returning resident visas. But even that is a poorly thought and convoluted process.

Just another perspective,
Lardbird
 
lardbird said:
Maybe one could legitimately come here to study and suddenly their life changes course and they find themselves in a happy marriage.
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But that's clearly different from coming here only intending to live temporarily.

Should that person be forced to abandon all hope of ever living in their own country again to stay here with their USC spouse?
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That's a non sequitur. Permanent Residency in no way prevents you from returning back to your home country to live. If you want to travel to your home country for a period of time, you can certainly do so.

But ultimately there are far too many immigrants who wish to use the Green Card as a Border Crossing Card, to simplify their temporary trips to the US. That's not its purpose.
 
BS!! What you call abusing the system, I might call trying to find a comfortable way to fit legally into a nightmare bureaucratic mess. I would happily accept a "Border Crossing Card" if such a thing exists and would also allow me to work.

I don't know wth a nonsequitur is, but I do know that after three years waiting on namecheck you begin to consider this a permanent choice. To leave and live abroad long enough to expose my children to the other half of their heritage means effectively abandoning our US residence. Sure we can come back anytime we want, just to start this bureaucratic nightmare again!?!?!?! No thanks.
 
lardbird said:
BS!! What you call abusing the system, I might call trying to find a comfortable way to fit legally into a nightmare bureaucratic mess. I would happily accept a "Border Crossing Card" if such a thing exists and would also allow me to work.
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Unfortunately, a BCC doesn't exist for your situation. That still doesn't give you the right to dictate to the United States what is allowed. You get a Green Card on the condition that you live here. End of story.

To leave and live abroad long enough to expose my children to the other half of their heritage means effectively abandoning our US residence. Sure we can come back anytime we want, just to start this bureaucratic nightmare again!?!?!?! No thanks.
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I sympathize with your situation, but just because none of the choices are appealing to you doesn't mean you can make your own choice and demand that the US follow it. If you don't want to live here, the US cannot force you to. At the same time, you cannot force the US to let you keep the privilege they have granted to you.
 
google it..

lardbird said:
BS!! What you call abusing the system, I might call trying to find a comfortable way to fit legally into a nightmare bureaucratic mess. I would happily accept a "Border Crossing Card" if such a thing exists and would also allow me to work.

I don't know wth a nonsequitur is, but I do know that after three years waiting on namecheck you begin to consider this a permanent choice. To leave and live abroad long enough to expose my children to the other half of their heritage means effectively abandoning our US residence. Sure we can come back anytime we want, just to start this bureaucratic nightmare again!?!?!?! No thanks.
Click to expand...


lardbird,

Even tried to google anything? You can google non sequitur and learn what it means...
 
You can expose your children to their heritage here. Or travel home every year.
I plan to expose my children to us much of my heritage and my husband's as possible, but they will probably live here and I guess their heritage will be part american. (and they will learn as many lenguages as possible, of course)
 
Well they'll probably learn the language of Nintendo, Xbox and Wii, then texting and finally perhaps some teenage English.

Seriously though, you've been granted the privilege of living and working in the US. Until you become a USC, you cannot consider it a right, and must therefore play within the rules.
 
I was born in 77 and I grew up with nintendo and the such but still was able to learn 4 languages. So it is not impossible :)
 
american teenagers have the worst english skills... it still baffles me why do they even have spelling bee contests? i do not know of any other country/language that does? I mean how hard is it to spell something?

maybe because i come from a language where you spell it the way it sounds (most of the time). But even then, they use to teach us how to write things... kids these days are all: "sup dawg, i aint fuzzing ttyl gr8 stuf". :confused:
 
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