minimum stay in the US

J

jli86

New Member
My parents had problems getting nonimmigrant visas, so I had to apply for them green cards so that they can visit me. I've read and heard a lot of conflicting information regarding the residency requirement in the US. On the USCIS website it says a reentry permit is required for absences from the US for over a year. But on this forum most posts say do not let that exceed 6 months. My question is, if my parents don't want to apply for citizenship eventually, can they stay in the US for 3 months, leave for 5 months, come back for 3 months, and keep doing that and keep their GCs? In other words, they'd be away for more than 6 months in a consecutive 12 months period, but each trip does not exceed 6 months and they'd stay in the US for minimum of three consecutive months out of a 12 month period. I understand coming back to stay for a couple of weeks is problematic, but how long is long enough? Does it have to be 6 months at a time?
 
Genuine PRs should spend more than 50% of their time physically in the US in any rolling 12 month window. As simple as that.

jli86 said:
I understand coming back to stay for a couple of weeks is problematic, but how long is long enough? Does it have to be 6 months at a time?
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jli86 said:
My parents had problems getting nonimmigrant visas, so I had to apply for them green cards so that they can visit me. I've read and heard a lot of conflicting information regarding the residency requirement in the US. On the USCIS website it says a reentry permit is required for absences from the US for over a year. But on this forum most posts say do not let that exceed 6 months. My question is, if my parents don't want to apply for citizenship eventually, can they stay in the US for 3 months, leave for 5 months, come back for 3 months, and keep doing that and keep their GCs? In other words, they'd be away for more than 6 months in a consecutive 12 months period, but each trip does not exceed 6 months and they'd stay in the US for minimum of three consecutive months out of a 12 month period. I understand coming back to stay for a couple of weeks is problematic, but how long is long enough? Does it have to be 6 months at a time?
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Are you GC holder or USC? I am asking because some GC holders think it is easy to sponsor parents while on GC. Anyhow go back to your question. You will find conflicting opinions every time you raise this issue because GC is for permanent residence in US and not to be used as a tourist visa with residence duties, filling taxes ...etc. It is the pattern of using GC in travel and the REAL ties to US that may expose the card to revocation not the length of stay in US or overseas. If the pattern kept like that" few weeks in US and months and months overseas, even less than 6 months per time" there is a high possibility at one day for your parents' GCs to be revoked. If they stay five months for example overseas and 3 weeks in US once, no problem at all. If twice it is still OK, if three times, may be, four times and up, this will not work
 
Please correct me. The OP wanted information on minimum time that should be spent in the US by PRs. I gave the OP exactly that information. If this is incorrect, please educate both of us.

nelsona said:
C'mon TC, that statement has no basis is law, fact, or practice.

Not so "simple as that".:rolleyes:
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There is no minimum time, nor a threshold beyond which his claim to US residency is unassailable.

For example, A GC holder living in Canada and crossing into US every day to work could still be subject to GC revocation on the basis he does not live permanently in the US.

But the same person could have a cottage on the US side, and live and work in canada, returning to the cottage only on occasional week-ends, and have no isues.

So, as I said, not simple.

You are confusing the cdn model, which has minimum prescribed counting of days in canada to maintain eligibility. US has no such formulae. This probably comes from having gone through so many processes yourself.
 
Your heading "minimum stay in the US" says it all. You are trying to think of a greencard as a perpetual visa, and it isn't. You should be thinking in terms of "maximum absence from the US".

If someone tries to use their greencard as a visa then sooner or later a CBP agent will work out what they are doing and take action. It's not the number of days here or there that matters, but rather whether the greencard is being used in the spirit for which it is intended - allowing a non-citizen to live permanently in the US.
 
I can relate

As most Indians (as myself) can attest we have to go through this stupid visa process (even if you're a genuine visitor you have to prove you will not stay and even if you are a genuine resident you have to prove that you will not leave).

If your parents are being denied a visitors visa to the US and you can get them a gc, do so. Then return the gc to your consulate and they will give you a 10 year multiple entry visa (sound wierd huh!) but this is how this system works.

Hope this helps.
 
A friend of mine is a GC holder who live and work in Asia, comes to US every year to visit her 3 boys. She relatively only spending 2 weeks in December every year in the US and the remaining time in Asia. She has been doing it since 1996 and never has any question whatsoever from any Immigration official.
May be she just purely lucky, I don't know.
 
Does she truthfully answer all questions at the POE?

Samson777 said:
She relatively only spending 2 weeks in December every year in the US and the remaining time in Asia. She has been doing it since 1996 and never has any question whatsoever from any Immigration official.
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