Returning to US after 362 days...

[kuchchbhee]

my parents, both aged over 75 years, returned to LAX from India just in time so that they were not technically out of country for 365 days or more. The immigration office appeared quite anguished and after little bit scolding he put a comment on passports that they have been given last and final warning.

Well, I understand that (not the scolding part), but since INS goes very strictly/specifically by dates and deadlines, it seemed little odd he would issue a warning when they were entering back in the country within a year... seemed little harsh to put warning in passport when they had not stayed out for more than a year.

 

[newacct]

1 year is just the absolute limit after which you cannot use the green card to re-enter.

No matter what their length of absence is, they need to show they maintained residence. You can lose your permanent residence if you fail to maintain residence. They look at many factors to determine whether you abandoned residence. For absences of less than 6 months they usually won't question you; for absences of 6 months to 1 year you should be prepared to show proof you maintained residence in the U.S. Your parents were gone almost 1 year, so harsh questioning is not unusual. In fact, no amount of time, no matter how short (even if you only have absences of less than 6 months) will guarantee that you have not abandoned residence. It's the pattern of your absences and other behavior that shows what your intent was.

 

[USC2013]

I strongly recommand they stay in usa or ask for a reentry permit if they want to travel again......

 

[Hannah7]

From what I understand, legal permanent residents are only safe when they spend more time in the U.S. than outside. When you put in 6 months and 1 day of physical residence every year, no matter how many trips you make I believe they can't say a word.

 

[Triple Citizen]

Do they intend to live in the US or not? Or are they using their GC in place of a B-2 visa? It seems the POE officer was thinking along the same lines.

seemed little harsh to put warning in passport when they had not stayed out for more than a year.