You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
surrender the green card??
- Thread starter GCman2005
- Start date
keep your GC and come back in 2012
every trip fpr less then 6 months a year is OK - its not gonna put you in danger to lose your GC but you have to have say bank account ,file taxes etc so you can prove your ties to the US if the push comes to shove
there is assumption that USCIS can take your GC on the border but that is not true UNLESS YOUR AGREE TO RELINQUISH YOUR GRREN CARD - they might put you under pressure to that in the IMMIGRATION SECONDARY but you just refuse that and they have to send you then to court to decide the outcome ...now immigration court usually take a stand in favor of the GC holder (for political reasons ) so there a burden of proof IS on USCIS TO PROVE THAT YOU ARE ACTUALLY LIVING SOMEWHERE ELSE ....
SO IF YOU COME TO THE USA EVERY YEAR AND STAY 6 MONTHS +1 DAY YOU ARE SAFE BUT IF YOU LEAVE FOR LONGER PERIODS AND COME OVER ONLY FOR SAY COUPLE OF WEEKS EVERY YEAR THAT MIGHT PUT YOU IN DANGER TO LOSE YOUR GC... THAT SAID... I MEET A LOTS OF PEOPLE WHO USED TO COME OVER TO THE USA AND STAYED ONLY FEW WEEKS EVERY YEAR AND STILL GOT THE CITIZENSHIP WITH NO PROBLEMS AFTER 5 YEARS !!SO ITS MORE LUCK THEN ANYTHING ELSE I GUESS BUT THE RISK IS THERE ...
every trip fpr less then 6 months a year is OK - its not gonna put you in danger to lose your GC but you have to have say bank account ,file taxes etc so you can prove your ties to the US if the push comes to shove
there is assumption that USCIS can take your GC on the border but that is not true UNLESS YOUR AGREE TO RELINQUISH YOUR GRREN CARD - they might put you under pressure to that in the IMMIGRATION SECONDARY but you just refuse that and they have to send you then to court to decide the outcome ...now immigration court usually take a stand in favor of the GC holder (for political reasons ) so there a burden of proof IS on USCIS TO PROVE THAT YOU ARE ACTUALLY LIVING SOMEWHERE ELSE ....
SO IF YOU COME TO THE USA EVERY YEAR AND STAY 6 MONTHS +1 DAY YOU ARE SAFE BUT IF YOU LEAVE FOR LONGER PERIODS AND COME OVER ONLY FOR SAY COUPLE OF WEEKS EVERY YEAR THAT MIGHT PUT YOU IN DANGER TO LOSE YOUR GC... THAT SAID... I MEET A LOTS OF PEOPLE WHO USED TO COME OVER TO THE USA AND STAYED ONLY FEW WEEKS EVERY YEAR AND STILL GOT THE CITIZENSHIP WITH NO PROBLEMS AFTER 5 YEARS !!SO ITS MORE LUCK THEN ANYTHING ELSE I GUESS BUT THE RISK IS THERE ...
I MEET A LOTS OF PEOPLE WHO USED TO COME OVER TO THE USA AND STAYED ONLY FEW WEEKS EVERY YEAR AND STILL GOT THE CITIZENSHIP WITH NO PROBLEMS AFTER 5 YEARS !!SO ITS MORE LUCK THEN ANYTHING ELSE I GUESS BUT THE RISK IS THERE
Can someone explain how a person who stays only few weeks in usa is able to obtain citizenship after 5 years?. What about physical presence??
Can someone explain how a person who stays only few weeks in usa is able to obtain citizenship after 5 years?. What about physical presence??
Jackolantern
Registered Users (C)
I MEET A LOTS OF PEOPLE WHO USED TO COME OVER TO THE USA AND STAYED ONLY FEW WEEKS EVERY YEAR AND STILL GOT THE CITIZENSHIP WITH NO PROBLEMS AFTER 5 YEARS !!SO ITS MORE LUCK THEN ANYTHING ELSE I GUESS BUT THE RISK IS THERE
Can someone explain how a person who stays only few weeks in usa is able to obtain citizenship after 5 years?. What about physical presence??
Various possibilities:
- They lied on the citizenship application and didn't get caught
- They or their spouse have a job that meets the criteria to have days outside the US count towards the physical presence requirement
- They were able to claim derivative citizenship through parents instead of N-400
- Or they were in the US much more than you think
sanjoseaug20
Registered Users (C)
- Or they were in the US much more than you think
I have seen people trying a variation of this ... when they decide to take up citizenship, they come back to US and stay until their US counts are correct. And looks like CIS does not make an issue of residency as much as it could ... although each person's case is like a lottery (of course with small but much higher odds of scrutiny than of a lottery).
Lying ... the kind I have seen is where they "maintain a residence" during their absence, but it is unofficially rented out, or sub-let.
herrmeister0159
Registered Users (C)
Can I have your opinion as well?
I got the green card through Lottery. I entered into the US April last year and stayed until September last year, it was 5 months. I left the US in September until December last year, it was 3 months. The questions I was asked only how long and the reason that's all. The second exit was last April and came up with the plan to enter into the US on comming August 5.
In my case, 5 months in - 3 months out - 4.5 months in and plan 3.5 months out.
What do you think that this plan is good for entering without the trouble.
I got the green card through Lottery. I entered into the US April last year and stayed until September last year, it was 5 months. I left the US in September until December last year, it was 3 months. The questions I was asked only how long and the reason that's all. The second exit was last April and came up with the plan to enter into the US on comming August 5.
In my case, 5 months in - 3 months out - 4.5 months in and plan 3.5 months out.
What do you think that this plan is good for entering without the trouble.
sanjoseaug20
Registered Users (C)
It does not seem to be an issue since the totality of any pattern in your case is 2 trips with more time spent within US than outside. The first trip you can always justify as taking care of your affairs before being able to move. Double this pattern, and they might ask some question.
Stanley Hermosillo
Registered Users (C)
Unless you absolutely must, I would not surrender the card. But, as Jackolantern said, if you are convinced this is the best course of action, you should wait until you have your re-entry permit. Best of luck!