Question on how long parents can stay outside the US while on GC ..

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dimmsimm

Registered Users (C)
My parents recently got approved for green cards at the US embassy back home ...

They plan to be here very soon for a visit ...

I know there is a rule that if you stay outside the US, as a green card holder, you have to come back to the US at least once in six months or a year ... or something like that ...

Is there a way this time can be extended to about 2-3 years ....? and if so, what is the procedure and forms one would need to file ...?

When they get back home, they'll need the extra time to wind up the business, etc ... before moving to the US permenantly ..
 
dimmsimm said:
Is there a way this time can be extended to about 2-3 years ....? and if so, what is the procedure and forms one would need to file ...? When they get back home, they'll need the extra time to wind up the business, etc ... before moving to the US permenantly ..
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They don't need 2 to 3 years to wind things up. If they do, they should have waited to get the IV until they were ready to live here.

An immigrant visa is good for six months.
 
stop wasting time. Embassy's, USCIS's and ours... Your parents MUST come to live in the USA within 6 months. They can go back for short visits, but 2-3 years.
 
Your parents are supposed to be living in the US not just visiting. They need to follow all of the requirements for LPRs - not just the ones they want to.

You knew the timeline, why did you abuse the system to sponsor someone who does not intend to make the US their home at the earliest opportunity.
 
To clarify what was said about that they "MUST" come, they are never obligated to come live in the US, however, they cannot become LPRs or keep their permanent residency if they don't have an intent to permanently reside in the US (yet).

If they use their IV and come here, get their GC and move back "home" they are likely to abandon their status.

Maybe we can help the OP to figure out what will happen if they don't use their IVs within 6 months. Here's what I found on several websites:

If an immigrant visa has already been issued and circumstances force the alien to remain abroad longer, the applicant should contact the Consular Section and request an extension of the immigrant visa's validity. If the validity of an immigrant visa expires, a new one may be issued upon payment of the statutory processing fee of US$400.
 
for dimmsimm

My parents have a GC too for last 5 yrs and when they go back to their home country they get advance parole,which is an extended stay permission which allows them to stay outside of the US for 2yrs without abandoning their GC...my folks have used this means of extension 2 times....for the same reason as yours...to wind up stuff in their home country...

..and Folks...its not so easy or fast to dispose off the property and business..... so get off his back......

.my parents are now here for good....but do remember they will not be able to apply for Medicare or citizenship until they have 5yrs continuous stay in the US,with no break of more than 6months in one year
 
cma38, nobody disputes that it's difficult to give up your life in one country to start it in another, but why apply for an immigrant visa if you're not ready to move in the forseeable time?

I suppose your parents were able to convince by their actions that their intent is to live permanently in the US ... I guess that's the key. But I don't think this is necessarily an easy case to make for an extended absense.
 
cma38 said:
My parents have a GC too for last 5 yrs and when they go back to their home country they get advance parole,which is an extended stay permission which allows them to stay outside of the US for 2yrs without abandoning their GC...my folks have used this means of extension 2 times....for the same reason as yours...to wind up stuff in their home country...

..and Folks...its not so easy or fast to dispose off the property and business..... so get off his back......

.my parents are now here for good....but do remember they will not be able to apply for Medicare or citizenship until they have 5yrs continuous stay in the US,with no break of more than 6months in one year
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Thanks for that piece of info ... I'll certainly investigate this option ... thanks for your support too!
Medicare is another project we'll be looking into also ....

I don't know why some people would blatantly assume applicants are not ready to come here and stay ... circumstances change, or depending on individual cases, some take longer ... it's that simple ...
 
hey guys.....if you dont know how to help someone who is asking a question then u dont have to respond......noone asked your feelings or unnecessary comments on what and when he should have filed for his parents.......we are all hanging out here to help each other not judge each other.

And triple citizen is right,its called re-entry permit ,not advance parole...i checked with my parents.........my mistake......

lets keep the thread pleasant......
 
Care to explain how it is an unnecessary comment to advise someone that, in order for someone to maintain permanent residency, they should not leave the US for an extended period of time and need to be able to show their intent to live permanently in the US; and if it may be difficult for someone to do this within the next 6 months, they may consider holding off with their immigration for a while? I think they might just be better off trying to get their IV extended/renewed than to face the possibilty of not being admitted after an extended absence. But, I suppose they can always try the latter, even though it may be more risky.
 
austriacus said:
Care to explain how it is an unnecessary comment to advise someone that, in order for someone to maintain permanent residency, they should not leave the US for an extended period of time and need to be able to show their intent to live permanently in the US; and if it may be difficult for someone to do this within the next 6 months, they may consider holding off with their immigration for a while? I think they might just be better off trying to get their IV extended/renewed than to face the possibilty of not being admitted after an extended absence. But, I suppose they can always try the latter, even though it may be more risky.
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I agree with this. If someone is not ready to move to the USA within 1 year. Then why file for a GC? I understand things change, situations change, but how do you expect 2-3 years to "wrap things up"? that is a ridiculous expectation.
 
Concerned4us said:
Your parents are supposed to be living in the US not just visiting. They need to follow all of the requirements for LPRs - not just the ones they want to.

You knew the timeline, why did you abuse the system to sponsor someone who does not intend to make the US their home at the earliest opportunity.
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"stop wasting time. Embassy's, USCIS's and ours... Your parents MUST come to live in the USA within 6 months. They can go back for short visits, but 2-3 years."

all of this dosent sound rude to you............????

in my parents case too, first of all when we filed for their GC didnt know that it would get approved in 3-6 months,the way we had planned is that it will take 1yr or 11/2yr (that was the normal time frame in yr 2000)by then we would try and sell the business/property..they could not have moved out of their home country in such a short time....it took my dad 40 yrs to build his business from zero to millions....you cant expect him to sell that for nothing that people would offer, coz they know that u are desperate to sell .

At that point we had the option to get an extension for them and we took it.....what is wrong in that.....and what is wrong if dimmsimm is trying to find options too for his parents....
 
cma38,

while I agree with you on planning ahead and that it can take some time to sell a business, I think when you apply (especially for an immediate relative petition) you should essentially be prepared for your petition/IV/AOS to be approved anytime after that. Why not start selling the business first and then apply? (I suppose because in the unlikely event someone will not be approved, so that they have their "previous life" to fall back on? That could be a valid reason I'll admit that.) I'd almost think a house can be more problematic than a business in terms of planning for the IV, because you can live for some time without a business, but can't live without a roof over your head.

I would have to believe that the USCIS would not hold it against you if you return to your former home country to sell a business or a house; although I'm sure they would object to it if you return for an extended or indefinite period of time for this. My guess would be that if you return for let's say a year, with a re-entry permit, with the only objective to sell your house and business, the USCIS would probably allow it (and you should probably keep records showing that you've actively tried divesting of your assets for the USCIS to believe it).

cma38, I would also agree that we should be courteous to one another; but we need to have this important discussion at this point to create a more perfect union of immigrants. While I strongly object to rude language, I can't disown the members if I agree at an objective level with their position on these issues. ;)
 
dimmsimm said:
Medicare is another project we'll be looking into also
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You can look, but you'll find out that a new immigrant is not eligible for Medicare until they have been a US resident for a minimum of 5 years. Even then, it's going to be very expensive ($900/month) and limited in coverage because your parents will not have accumulated the necessary 40 quarters of employment contributions.

Realistically, the only affordable option is private insurance such as the "inbound immigrant" program or similar. Even then, coverage is limited.
 
I agree it won't be easy mooching off the US government for free or affordable medical care in the US. For that, you need to become a citizen of a European country or Canada. ;)

Heck, it's hard enough for tax-payers to get any kind of affordable medical benefit in this country. I actually wouldn't mind paying a little higher federal income tax if I can get more in return for it than nothing. Higher education comes from the state or from your own pocket ... roads from gas taxes ... social security and medicare from payroll taxes ... makes you wonder what actually happens to the money we send to the IRS. Pay the interest on the national debt?

Sorry for the digression, I'm just thinking out loud. :D
 
austriacus said:
I agree it won't be easy mooching off the US government for free or affordable medical care in the US. For that, you need to become a citizen of a European country or Canada. ;)

Heck, it's hard enough for tax-payers to get any kind of affordable medical benefit in this country. I actually wouldn't mind paying a little higher federal income tax if I can get more in return for it than nothing. Higher education comes from the state or from your own pocket ... roads from gas taxes ... social security and medicare from payroll taxes ... makes you wonder what actually happens to the money we send to the IRS. Pay the interest on the national debt?

Sorry for the digression, I'm just thinking out loud. :D
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Hear hear! :mad:
 
It is funny that you mentioned checking on Medicare but nothing on the income tax code. As PRs - even living in their home country - they need to file and pay US taxes.

Gee, I wonder how much they'll owe US on the sales of their business. There is not free lunch.
 
austriacus said:
I actually wouldn't mind paying a little higher federal income tax if I can get more in return for it than nothing.
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I wouldn't. I'd much rather saving when I'm healthy to pay for when I'm old and sick. The history of Social Security proves that relying on taxation simply means that you will subsidize the old of today and still be out on your own when it's your turn. No thanks.

Gee, I wonder how much they'll owe US on the sales of their business. There is not free lunch.
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This is a good point - they may seriously want to sell the business before they become a PR and therefore a US tax resident.
 
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