now my mom is LPR what next?

[karachiite 4]

hi, everybody

my mom is now LPR and recieved her 10 yrs green card too.my question is if she goes back to her home country how long she can stay there ,which will not effect her residency conditions for filing for citizenship after 5 yrs.I know she has to stay 30 months here in USA out of 60 months before she can file for citizenship.I wanna know is it OK if she stays in her home country for 11 months and come back before 1 yr.some says that she can only stay out for 6 months to mantain her residency.

[griffin 7]

Greetings!

I just wanted to ask you if your mom rcvd her green card right after she entered USA? how long?

[karachiite 4]

Greetings!

I just wanted to ask you if your mom rcvd her green card right after she entered USA? how long?

she got her passport stamped at the airport on AUG 05 -2009 and assigned alien number written on passport with stamp.she recieved her green card in mail on AUG-23-2009.

[aaron2020 11,651]

hi, everybody

my mom is now LPR and recieved her 10 yrs green card too.my question is if she goes back to her home country how long she can stay there ,which will not effect her residency conditions for filing for citizenship after 5 yrs.I know she has to stay 30 months here in USA out of 60 months before she can file for citizenship.I wanna know is it OK if she stays in her home country for 11 months and come back before 1 yr.some says that she can only stay out for 6 months to mantain her residency.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

---------------------------

It all depends on facts and circumstances. If it looks like your mom is residing in another country and only has her green card for some other purpose without actually permanently residing in the US, then the officer at the POE could deny her entry back into the US.

[L179 1]

with the new rules i believe she has to revisit the US every six months or at least inform authorities how long she will stay out of the US for and why, she might need a reentry permit when she returns

[karachiite 4]

with the new rules i believe she has to revisit the US every six months or at least inform authorities how long she will stay out of the US for and why, she might need a reentry permit when she returns

As far as I know re-entry permit is needed if staying out of USA,.for more than 12 months /1 yr and has to return before 24 months /2 yrs.and that timeand all the time before re-entry permit will not be counted towards 30 moths residency req out of 60 months to file for citizenship.

[Boiler 45,665]

Read Post 4.

Sounds like she has only just got here, a bit premature?

[TayRivers 4]

Why would your Mom go through all the cost and time to get a IR-5 visa and then within a few weeks leave again for almost a year. As said by others any length of time outside the US can trigger the loss of her greencard. She would have to have good evidence of maintaining her residencey in the US like a Home, active bank accounts, taxes filed promptly...

[karachiite 4]

Why would your Mom go through all the cost and time to get a IR-5 visa and then within a few weeks leave again for almost a year. As said by others any length of time outside the US can trigger the loss of her greencard. She would have to have good evidence of maintaining her residencey in the US like a Home, active bank accounts, taxes filed promptly...

she has two kids back home.she camre here so she can fileI-130 for them

[Boiler 45,665]

Why would your Mom go through all the cost and time to get a IR-5 visa and then within a few weeks leave again for almost a year. As said by others any length of time outside the US can trigger the loss of her greencard. She would have to have good evidence of maintaining her residencey in the US like a Home, active bank accounts, taxes filed promptly...

she has two kids back home.she camre here so she can fileI-130 for them

She has to reside in the US to do that. Not another country.

See post above.

[aaron2020 11,651]

Why would your Mom go through all the cost and time to get a IR-5 visa and then within a few weeks leave again for almost a year. As said by others any length of time outside the US can trigger the loss of her greencard. She would have to have good evidence of maintaining her residencey in the US like a Home, active bank accounts, taxes filed promptly...

she has two kids back home.she camre here so she can fileI-130 for them

She has to reside in the US to do that. Not another country.

See post above.

Agreed. A USC must be domiciled (living in) the US in order to petition for anyone. The purpose of family based immigration is family reunification and not getting immigration visas for everyone in the family. There is no need for reunification if mom is living in the same country as the children she will petition for. Different story if she lived in the US.

[happypuppy 0]

she can stay out of the country less than 6 months..beyond that, she might be questioned at her POE... you need a valid reason as to why u stay beyod 6 months outside..my advice, come back before 6 months, stay in the US for a while and just come back to your home country once in a while until your mom will be able to get her kids. Since your mom is super new in the US, it won't look good if she will right away go back in her country and stay there long.

[Boiler 45,665]

she can stay out of the country less than 6 months..beyond that, she might be questioned at her POE... you need a valid reason as to why u stay beyod 6 months outside..my advice, come back before 6 months, stay in the US for a while and just come back to your home country once in a while until your mom will be able to get her kids. Since your mom is super new in the US, it won't look good if she will right away go back in her country and stay there long.

Did you read the post above with the official information?

[aaron2020 11,651]

she can stay out of the country less than 6 months..beyond that, she might be questioned at her POE... you need a valid reason as to why u stay beyod 6 months outside..my advice, come back before 6 months, stay in the US for a while and just come back to your home country once in a while until your mom will be able to get her kids. Since your mom is super new in the US, it won't look good if she will right away go back in her country and stay there long.

Did you read the post above with the official information?

Reading is for dummies.

Once again from the USCIS's website:

"You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently."

Based on the facts provided by the OP, it seems that mom intends to live permanently in her country of origin. She is only sought a green card to petition for her children. It seems that USCIS could make a reasonable argument that she has/will abandon her LPR status. While it may be possible for her to split her time between the two countries, it is a potential disaster if she is determined to have abandoned her LPR status.

[aaron2020 11,651]

My take is that if someone is going to get a green card (permanent legal residency), then that person should come and live permanently in the US. Immigration visas are limited in the preference categories. Everyone that is taken and the recipient does not live in the US means that another person who really wanted that green card to live in the US has been denied that chance or at the very least had his/her opportunity delayed. While one LPR who decides to reside in another country may not add to the wait, it impacts everyone because the embassy spends more time and resources scrutinizing everyone. Also, if a thousand people did this, it could cause a significant delay in receiving a green card for everyone behind them.

To me, getting a green card with only the intention to spend the minimum amount of time in the US to qualify to petition for others is fraud. I assume that mom has no plan to live in the US once her children get their green cards.