Traveling to retain GC, please advise

#1
Hi, Please advise as it will help me in this last minute . I moved to India in 2017 December and I visit USA twice a year for work and also it helps in maintaining GC. I was in USA last time last November 2019 and left same month on 20th. I couldn’t make a trip in 2020 so far due to Covid travel restrictions. Are there any considerations this time due to Covid for staying more than one year. If I make a trip in March 2021 , will I be let in? Or should I make a trip next month (November 2020 before 20th) before 1 year expires?
 

SusieQQQ

Well-Known Member
#2
You are supposed to permanently reside in the US when you have a green card. “Visiting” US twice a year to maintain the green card is not a sustainable long term option anyway. surprised you’ve been getting away with it for so long. Under such circumstances I don’t think Covid will be seen as an “excuse”. It may have been if you had actually been living and working in the US and got caught out on a trip abroad.

https://www.uscis.gov/green-card/af.../international-travel-as-a-permanent-resident
Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.
 
#3
Hi, thanks for the reply. sure but the situation is like that I have to be in India. I had to move for a different reason and fortunately i am coming here for work. I had GC even before 2017. Will find more information and decide. thanks again.
 

Jbuff

Active Member
#4
Hi, Please advise as it will help me in this last minute . I moved to India in 2017 December
This pretty much Answers your Question. The U.S is suppose to be your home , based on what you said it is not. You should consider a re entry permit whilst you figure out what it is you want to do.
If I make a trip in March 2021 , will I be let in?
They would let you in , question is . Would they send you infront of an immigration judge to have your GC taken away .
 
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