Moving to India after getting GC

H

haracard

Registered Users (C)
Hi guyz,

we plan to move to India soon for good. My question is :

1)How often do we have to come to U.S. keep the GREEN CARD alive?

2)How many months should we stay in each visit?


Thanks
 
You will lose your green card immediately if you intend to move back to India permenently. Coming back to the US every few months in an attempt to keep your green card alive will most likely not work.
 
You have to

show permanency of your stay in USA

For example
Paying yearly tax
Having a permanent place to live
Very close relative

otherwise you will lose your GC immediately...even after re-entry permit
 
My sincere suggestion.

Apply for reentry permit valid for 2 years.

Even after 2 years you did not change your mind, go to your nearest consulate and surrender your green card.
 
You need to come to the US before 6 months to avoid issues. As a practical matter, this stunt of returning every few months will only work once of twice. POE officers are just looking for any excuse to enforce the law to the fullest extent. I personally know of a friend whose card was revoked at the airport on his 2nd trip from India. He went thru hell and high water to get it back. Applying for a re-entry permit might work once. They might not issue it the 2nd time.
 
Only yesterday, I came to know that one can keep the green card alive by returning to the USA for short trips once a year is a myth. That is the legal position.

I have heard a rumour that the Immigration rules have changed and that one is reqired to return to the USA within 6 months unless re-entry permit is obtained first.

A few people who I know who regularly make short trips back do not appear to have had any problems.

However, it is not clear to me that even if you succeed in keeping the GC alive in this way, and later satisfy residency requirements, you will not run into trouble when applying for citizenship. JoeF on these forums seems to think this may cause problems.
 
Only yesterday, I came to know that one can keep the green card alive by returning to the USA for short trips once a year is a myth. That is the legal position.

I have heard a rumour that the Immigration rules have changed and that one is reqired to return to the USA within 6 months unless re-entry permit is obtained first.

A few people who I know who regularly make short trips back do not appear to have had any problems.

However, it is not clear to me that even if you succeed in keeping the GC alive in this way, and later satisfy residency requirements, you will not run into trouble when applying for citizenship. JoeF on these forums seems to think this may cause problems.
 
Thanks JoeF for your contribution.

The links you have provided so far deal with the issue of GC being confiscated at POE and a hearing subsequent to that.

Have you come across a case where despite having GC and meeting all the residency requirements, a person has been told, at the Naturalization interview, that these are inadmissible because Permanent Resident status was abandoned prior to having satisfied the requirements.

If that is the case, the person has been in the USA illegally and subject to deportation. Yes?

I will consult a lawyer but, if you know of any case, please let me know. Thanks.
 
My uncle and aunt got their GC in 1992. They come to the US once
every 2 years (with reentry) . stay here for 2-3 months and go
back. This has worked for over a decade. They also got
their new green cards renewed last year.. Its possible
that INS may close the loop hole though in the future
 
Having a re-entry permit no longer guarantees that LPR status has not been abandoned unless close ties can be to the US can be established by the returning residents.

http://www.murthy.com/ukreeperm.html

A distinction is made between GC and the status of the holder. This means that there never was a loophole but that residnecy requiremnents are being strictly enforced.

My question was about the situation where a person has been making short trips back to US once every year and managed to retain the green card but subsequently fulfilled all residency requirements. That is, he no longer made any trips out of US for five years or more. Does this situation cause problems? Would this cause INS to claim in retrospect that LPR was abandoned and therefore a person has been here illegally?

In the opinion of two lawyers I consulted, INS will not retroactively act on these absences. The lawyers do not know of any case where INS has revoked LPR status in this situation.


But the proof of the pudding is in the eating.
 
Well it's true. They have surely done it. I have seen them apply
for a reentry every single time ! This is something the BCIS should fix.
 
JoeF, I hate to contradict you, but this has happened ! The proof is in the pudding! I still have my own reentry permit from years ago. They don't always take it back. This IS an existing loophole, but I believe the BCIS is taking a MUCH stricter role wrt Reentry.

The INS does not enforce (i dont know if its a rule) that you
have to return your old reentry
 
Originally posted by JoeF
You have to submit it with a new application (see part 3 of the I-131.) Of course, if you don't file a new I-131, they don't normally collect it.This is not a loophole. The instructions on the I-131 state very clearly:
"A reentry permit may not be issued if you have been a permanent resident for more than 5 years and have been outside the U.S. for more then 4 of the last 5 years."
It doesn't get any clearer than that.
So, if BCIS keeps records, and they do, your relatives could not have gotten reentry permits for a decade. And unless I personally see the reentry permits (not the applications) I don't believe that they have gotten them.
INA 223(d):
"(d) Upon the return of the alien to the United States the permit shall be presented to the immigration officer at the port of entry, and upon the expiration of its validity, the permit shall be surrendered to the Service."
I grant you one thing, though:
8CFR223.2(c)(2) states:
"(2) Extended absences. A reentry permit issued to a person who, since becoming a permanent resident, or during the last 5 years, whichever is less, has been outside the United States for more than 4 years in the aggregate, shall be limited to a validity of one year." So there is a discrepancy between the instructions on the I-131 and the law.
So it may be that your relatives got reentry permits based on that, but I still very much doubt that. Issuance of reentry permits is in the discretion of the examiner, and if the examiner sees that your relatives were out of the country for close to 100% of the time, it is highly unlikely that the examiner would issue a reentry permit.
I suggest that you take a look at all, and I mean all the paperwork around this. Most likely, you will find that I am right and that they did not get reentry permits for a decade. Or that there were special circumstances, like the ones outlined in the law.
Click to expand...

The meaning of your post suggests clearly that its not possible to get a reentry if you are a PR over 5 years, and that the INS will
collect the old Reentry. Both were not enforced. I know this
from first hand experience. I have seen a stack of reentry permits
from the older years lying at my uncle's house. Anyways, the point
I was trying to make is that it has been done before. Not that it's a good idea (its a very bad idea and it reflects indecision) but it has been possible.. Thanks JoeF for your insight
 
If the BCIS always granted a reentry, then its not the applicant's
fault anymore. If what you say is true the BCIS is the one at fault ! True it may come back and haunt them if and when they apply their N400 but not otherwise. They get got their new GC's renewed after an exhaustive background check and a BCIS probe.
 
JoeF,

There was no concealment of any information. Everything was straightforward. They did have valid reasons to get back. It's not always a good idea to "assume"
 
Originally posted by JoeF
Yes, there is. Their failure to return the old permits is the concealment of a material fact, namely the fact that they had previous reentry permits and that they didn't live in the US. If they had returned the permits, they would not have gotten a new one.
Well, as PRs, they have to live in the US. If they had valid reasons to go back, that's fine, but they would have had to give up the GC in that case.
Click to expand...

Take a good look at
http://www.immigration.gov/graphics/formsfee/forms/files/I-131.pdf

It does not mention anything about returning a document. It does however ask how much time you spent out of the country. This means that the BCIS is aware of your time out of the US. It does not amount to any concealment. It also implies that a permit wont be issued if you have a prior permit that is VALID and NOT LOST!

Taking a good look at the app form, there is no mention, of returning the old permit or not getting 2 in a row in a gap of 5 years! If the immig officer does not take back the permit at the time of entry, then its pretty clear who is at fault
 
JoeF,

I think you are WRONG! but there is no point in us arguing about this. It's a funny thing if my relatives lost their GC and they
still live here and enter and exit the country 2-3 times a year.

Let's just give this discussion a rest

RK
 
I agree with both JoeF and Rahul

Rahul's uncle maynot have hidden any fact, but it also shows callousness on BCIS part of not implementing the rules....but I guess this is not a serious violation....currently BCIS is concentrating keeping the bad guys out and not innocent people.......

But BCIS has a long way to go...........
 
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