Returning back to India for fmaily reasons - need suggestions. Please help

[Magician]

Renting out the house while being abroad temporarily, to help pay the mortgage costs, is probably not going to hurt, but using the fact that you rented out the house as evidence that you continue to reside in the US may. For example, since the stay abroad is only temporary, the rental agreement for the house should probably also be temporary.

I may be wrong but I don't completely agree on this. People have different types of business for living and I believe "Renting the House Property" is one of them. If the person legally owns the house and rents it and pays tax at the end of year, I don't see the reason why that can't be used as valid reason to enter the country. Again, its just my opinion.

The website you forwarded says

Factors Considered When Determining The Alien's Intent

Place of employment or actual home. The traveler must intend to return to the United States as a place of employment or business or as an actual home. He must possess the requisite intention to return at the time of departure, and must maintain it during the course of the visit.

 

[pralay]

I may be wrong but I don't completely agree on this. People have different types of business for living and I believe "Renting the House Property" is one of them. If the person legally owns the house and rents it and pays tax at the end of year, I don't see the reason why that can't be used as valid reason to enter the country. Again, its just my opinion.

Nobody disputing your point. It's not a question of "valid reason to enter the country". A person's valid reason can be anything - like getting haircut from his/her favorite barber-shop in USA. But the issue that (which I mentioned already) renting the house to someone else, but still trying to show the very same property as his/her own residence as a proof of maintaining LPR status. If the house is rented out, then it's definitely a business, but in the same breath the person cannot claim the same propety as his own residence. Either it's a property for business (rent) or it's his own residence (considering it just one unit).

If you follow the earlier posts in this thread and one of the link, in that particular case Mr. Huang obviously was not living in USA, but visiting in periodically. Then when at POE he was stopped, probably he tried to show this property "see, I have my home in USA and that is my residence. I live here and intent to live here.". But obviously BCP investigated the matter and found he actually rent out the house and when he is visiting periodically he was not living in his own house, but staying at sister-in-law's house. Therefore, claiming his rented property as his own residence was false.

 

[Magician]

Nobody disputing your point. It's not a question of "valid reason to enter the country". A person's valid reason can be anything - like getting haircut from his/her favorite barber-shop in USA. But the issue that (which I mentioned already) renting the house to someone else, but still trying to show the very same property as his/her own residence as a proof of maintaining LPR status. If the house is rented out, then it's definitely a business, but in the same breath the person cannot claim the same propety as his own residence. Either it's a property for business (rent) or it's his own residence (considering it just one unit).

If you follow the earlier posts in this thread and one of the link, in that particular case Mr. Huang obviously was not living in USA, but visiting in periodically. Then when at POE he was stopped, probably he tried to show this property "see, I have my home in USA and that is my residence. I live here and intent to live here.". But obviously BCP investigated the matter and found he actually rent out the house and when he is visiting periodically he was not living in his own house, but staying at sister-in-law's house. Therefore, claiming his rented property as his own residence was false.

Pralay,

In the above example if person stays in some friend's or relative's addess (assuming person has already filed AR-11 to the stated address) during his/her visit.... is that going to affect LPR status?.

If not then why the person has to lie at POE?

I understand your point of why the rented property can not be claimed as own residence.

 

[pralay]

If not then why the person has to lie at POE?

That goes to the very basic of maintaining LPR status. You can get some idea from USCIS website: http://uscis.gov/graphics/howdoi/PermRes.htm
The person lied (I assume) because he was not living in USA and he tried to prove that he is maintaining his LPR status by showing his property as his residence. But in reality that was not his residence. His actual "residence" was in Japan.

I understand your point of why the rented property can not be claimed as own residence.

Because ownership of a property has no relation with definition of residence. If you don't live there, how can you claim that as your residence? It is the residence of the person who rented. You own the property, but that's not your residence.

 

[Magician]

That goes to the very basic of maintaining LPR status. You can get some idea from USCIS website: http://uscis.gov/graphics/howdoi/PermRes.htm
The person lied (I assume) because he was not living in USA and he tried to prove that he is maintaining his LPR status by showing his property as his residence. But in reality that was not his residence. His actual "residence" was in Japan.


Because ownership of a property has no relation with definition of residence. If you don't live there, how can you claim that as your residence? It is the residence of the person who rented. You own the property, but that's not your residence.

Got it. Thanks