Retaining Permanent Residency Status

[rscofield 0]

My father holds a US green card as of 2009 but has chosen to stay out of the country for the past few years coming to the US at least once a year, so that his green card remains valid.

During his last entry (Feb 2012), the immigration officer, warned him that he needed to live in the US in order to keep his green card. In fact, in the stamp he put on his passport he notated that my father had been out for 10 months. I'm not too sure what he was told at the port of entry, because my father doesn't speak english. He just said that the immigration officer gestured that the green card will be torn (he did the tear gesture) if you're out for this long again (10 months).

He plans to leave again at the end of March and come back within 6 months (around August), for a permanent move.

My father is sure he'll be back within 6 months this time, and usually anything less than 6 months abroad is not too much of a problem, but i'm concerned.

He also applied and was approved for a reentry permit in 2009 and was out of the country for 2 years between 4/09 - 3/11. Wondering if we should apply for the reentry permit again, even though he'll only be out for 6 months.

Does he run any risk of losing his green card if he leaves, but comes back within 6 months? Or should he apply for a reentry permit?

[RICARDO4EVA2 199]

My father holds a US green card as of 2009 but has chosen to stay out of the country for the past few years coming to the US at least once a year, so that his green card remains valid.

During his last entry (Feb 2012), the immigration officer, warned him that he needed to live in the US in order to keep his green card. In fact, in the stamp he put on his passport he notated that my father had been out for 10 months. I'm not too sure what he was told at the port of entry, because my father doesn't speak english. He just said that the immigration officer gestured that the green card will be torn (he did the tear gesture) if you're out for this long again (10 months).

He plans to leave again at the end of March and come back within 6 months (around August), for a permanent move.

My father is sure he'll be back within 6 months this time, and usually anything less than 6 months abroad is not too much of a problem, but i'm concerned.

He also applied and was approved for a reentry permit in 2009 and was out of the country for 2 years between 4/09 - 3/11. Wondering if we should apply for the reentry permit again, even though he'll only be out for 6 months.

Does he run any risk of losing his green card if he leaves, but comes back within 6 months? Or should he apply for a reentry permit?

Welcome to Visa Journey

My Father is in the same situation as yours. He lives outside the USA since he gained his resident status in December 2012 and have has 2 visits. Since your father plans to make a permanent move in 6 months he should make solid ties to the USA.. file a tax return while he is here. actively seek housing/employment, open an account during this trip with a financial inst. etc

What City / Airport he flew into ..?

[rscofield 0]

Welcome to Visa Journey

My Father is in the same situation as yours. He lives outside the USA since he gained his resident status in December 2012 and have has 2 visits. Since your father plans to make a permanent move in 6 months he should make solid ties to the USA.. file a tax return while he is here. actively seek housing/employment, open an account during this trip with a financial inst. etc

What City / Airport he flew into ..?

He flew into LAX.

In regards to the issue of being able to reenter in <6 months, do you think he will have a problem?

[Dave&Roza 748]

To maintain residency your Father must have ties to the US--i.e. tax returns, bank accounts, property, family, in addition to residing in the US. This is typically more than 182 days out of every 365 day period. If your Father is outside the US for more than 6 months but less than one yar he does not need and documentation to return, however; the CBP CAN deny him re-entry based on his stay outside the US claiming he has abandonded is LPR status. He has stayed outside the US for more time than he has remained in the US. IMHO he is not a US resident and has indeed abandoned his LPR status unless he has the other items mentioned above and can document them upon his next return. Otherwise I feel he is at severe risk of being denied for any stay outside the US and he should remain in the US permently NOW and now leave and try to re-enter less than 6 months from now. CBP looks for people who leave the US for 5.5 months and return for a couple of weeks and then leave again in the attempt to maintain LPR status. YOur Father was lucky to be readmitted the last time and to leave after such a short visit will be proof the last CBP was correct and he in not residing in the US but only visitng in order to maintain the GC.

If he could not maintain LPR status in the first place, why did he get a GC at this time and not wait until he was ready to make the US his permant residence.

Good luck, but I feel he will now have to re-apply for his GC should he leave at the end of March,

Dave

[rscofield 0]

To maintain residency your Father must have ties to the US--i.e. tax returns, bank accounts, property, family, in addition to residing in the US. This is typically more than 182 days out of every 365 day period. If your Father is outside the US for more than 6 months but less than one yar he does not need and documentation to return, however; the CBP CAN deny him re-entry based on his stay outside the US claiming he has abandonded is LPR status. He has stayed outside the US for more time than he has remained in the US. IMHO he is not a US resident and has indeed abandoned his LPR status unless he has the other items mentioned above and can document them upon his next return. Otherwise I feel he is at severe risk of being denied for any stay outside the US and he should remain in the US permently NOW and now leave and try to re-enter less than 6 months from now. CBP looks for people who leave the US for 5.5 months and return for a couple of weeks and then leave again in the attempt to maintain LPR status. YOur Father was lucky to be readmitted the last time and to leave after such a short visit will be proof the last CBP was correct and he in not residing in the US but only visitng in order to maintain the GC.

If he could not maintain LPR status in the first place, why did he get a GC at this time and not wait until he was ready to make the US his permant residence.

Good luck, but I feel he will now have to re-apply for his GC should he leave at the end of March,

Dave

Thanks Dave. It all makes sense and it's also my general feeling. Do you think I could call USCIS and ask them these questions? I'd like to find out for sure.

[Penguin_ie 6,002]

USCIS cannot tell you for sure. First, they aren't called the "miss information line" for nothing, second, it is the officer at the border when your father attempts to return that will make the ultimate decision. We here or a lawyer cannot tell you for sure either. From what I have read on here over the years, I think your father will have difficulty re-entering even if he stays out less than 6 months this time, because he was warned and his passport annotated this time, and he's only been in the country a month and wants to leave again. If he really must go, as others have said above, make sure he can show lots of ties to the USA when he returns- valid drivers license, lease or deed to home, bills such as water, cell phone etc.

[aaydrian 479]

My father holds a US green card as of 2009 but has chosen to stay out of the country for the past few years coming to the US at least once a year, so that his green card remains valid.

During his last entry (Feb 2012), the immigration officer, warned him that he needed to live in the US in order to keep his green card. In fact, in the stamp he put on his passport he notated that my father had been out for 10 months. I'm not too sure what he was told at the port of entry, because my father doesn't speak english. He just said that the immigration officer gestured that the green card will be torn (he did the tear gesture) if you're out for this long again (10 months).

He plans to leave again at the end of March and come back within 6 months (around August), for a permanent move.

My father is sure he'll be back within 6 months this time, and usually anything less than 6 months abroad is not too much of a problem, but i'm concerned.

He also applied and was approved for a reentry permit in 2009 and was out of the country for 2 years between 4/09 - 3/11. Wondering if we should apply for the reentry permit again, even though he'll only be out for 6 months.

Does he run any risk of losing his green card if he leaves, but comes back within 6 months? Or should he apply for a reentry permit?

Having notations made in a passport is usually not a good sign. It's like they don't just want it in their database they also want to make it clear as day for the next immigration officer to see if your father continues with these stunts.

If your father is just going to be giving his all to his native country have him give up his LPR status and move back home. On the other hand if he wants to stay a LPR he needs to start contributing to US society (at least 50% of the time); he needs to work & pay taxes if he can't do neither because of age or a disability he can do a little volunteering.

This common goal that we are ultimately aiming for (LPR/USC) isn't just about simply having our names on banks accounts, filed taxes, bills or leases. Its about ACTIVELY giving back. Not a single one of us should be taking from the opportunity jar and not putting anything in.

[RICARDO4EVA2 199]

USCIS cannot tell you for sure. First, they aren't called the "miss information line" for nothing, second, it is the officer at the border when your father attempts to return that will make the ultimate decision. We here or a lawyer cannot tell you for sure either. From what I have read on here over the years, I think your father will have difficulty re-entering even if he stays out less than 6 months this time, because he was warned and his passport annotated this time, and he's only been in the country a month and wants to leave again. If he really must go, as others have said above, make sure he can show lots of ties to the USA when he returns- valid drivers license, lease or deed to home, bills such as water, cell phone etc.

Edited March 8, 2012 by RICARDO4EVA2

[Karen85 2]

My father holds a US green card as of 2009 but has chosen to stay out of the country for the past few years coming to the US at least once a year, so that his green card remains valid.

During his last entry (Feb 2012), the immigration officer, warned him that he needed to live in the US in order to keep his green card. In fact, in the stamp he put on his passport he notated that my father had been out for 10 months. I'm not too sure what he was told at the port of entry, because my father doesn't speak english. He just said that the immigration officer gestured that the green card will be torn (he did the tear gesture) if you're out for this long again (10 months).

He plans to leave again at the end of March and come back within 6 months (around August), for a permanent move.

My father is sure he'll be back within 6 months this time, and usually anything less than 6 months abroad is not too much of a problem, but i'm concerned.

He also applied and was approved for a reentry permit in 2009 and was out of the country for 2 years between 4/09 - 3/11. Wondering if we should apply for the reentry permit again, even though he'll only be out for 6 months.

Does he run any risk of losing his green card if he leaves, but comes back within 6 months? Or should he apply for a reentry permit?

May I ask why he keeps returning, my mother returns to Colombia 1x per year for about 5 months, last time it was just from Nov. to Feb, becuase my younger sister is still there and her father passed away. The hope is that my sister will get her interview this year. You say that he has to leave? I would do whatever possible to not leave, we all work so hard to get here, it would be sad to see him loose that right, especially since he is so close to his permanent move.

[RICARDO4EVA2 199]

He flew into LAX.

In regards to the issue of being able to reenter in <6 months, do you think he will have a problem?

try flying into a smaller airport ..

[RICARDO4EVA2 199]

May I ask why he keeps returning, my mother returns to Colombia 1x per year for about 5 months, last time it was just from Nov. to Feb, becuase my younger sister is still there and her father passed away. The hope is that my sister will get her interview this year. You say that he has to leave? I would do whatever possible to not leave, we all work so hard to get here, it would be sad to see him loose that right, especially since he is so close to his permanent move.

Karen I understand you and the situation you're in. CBP asked my mom where she was and she told them she filed for her son who is 15 and is there with him. My mother has visited the USA about 5 times since she because a LPR in December 2010. Her stays in the USA ranges from 7-15 days.

[bigdog 377]

I would not leave, his GC had been flagged. He should stay for awhile 1 yr before returning. I just cautioned a friend about this who wants citizenship in three years, out of country max is 180 days.

[Gary and Alla 3,696]

My father holds a US green card as of 2009 but has chosen to stay out of the country for the past few years coming to the US at least once a year, so that his green card remains valid.

During his last entry (Feb 2012), the immigration officer, warned him that he needed to live in the US in order to keep his green card. In fact, in the stamp he put on his passport he notated that my father had been out for 10 months. I'm not too sure what he was told at the port of entry, because my father doesn't speak english. He just said that the immigration officer gestured that the green card will be torn (he did the tear gesture) if you're out for this long again (10 months).

He plans to leave again at the end of March and come back within 6 months (around August), for a permanent move.

My father is sure he'll be back within 6 months this time, and usually anything less than 6 months abroad is not too much of a problem, but i'm concerned.

He also applied and was approved for a reentry permit in 2009 and was out of the country for 2 years between 4/09 - 3/11. Wondering if we should apply for the reentry permit again, even though he'll only be out for 6 months.

Does he run any risk of losing his green card if he leaves, but comes back within 6 months? Or should he apply for a reentry permit?

Our son will successfully complete a five yer program for a masters degree this year in Russia most of which was done during his LPR period and he was outside the US for 10 months at a time...BUT

He had a summer job here, filed income tax, registered for the draft, had a bank account he used regularly, has a home address here, registered at his school in Russia using his US address, had proof he was a student AND carried copies of all this when he returned to the US. No problems. Now he will be returning this summer and staying here to complete his doctorate in Texas. (probably just brief visits to Russia and Ukraine to see friends) Personally I am relieved. But it can be done if you are careful to maintain your US residency and give good cause for the absences. Just going away over and over for 10 months at a time is going to be a problem.

[aaron2020 11,652]

Our son will successfully complete a five yer program for a masters degree this year in Russia most of which was done during his LPR period and he was outside the US for 10 months at a time...BUT

He had a summer job here, filed income tax, registered for the draft, had a bank account he used regularly, has a home address here, registered at his school in Russia using his US address, had proof he was a student AND carried copies of all this when he returned to the US. No problems. Now he will be returning this summer and staying here to complete his doctorate in Texas. (probably just brief visits to Russia and Ukraine to see friends) Personally I am relieved. But it can be done if you are careful to maintain your US residency and give good cause for the absences. Just going away over and over for 10 months at a time is going to be a problem.

Maintaining LPR status (green card status) while outside the US depends on maintaining ties to the US. Gary and Alla has done a great job with their son's education.

Merely traveling to the US once a year does not show those ties to the US. How is this different from being a tourist?

Rscofield, your father has to establish and maintain ties to the US. He can't just travel to the US and use an address in the US to maintain his LPR status. He has been flagged and warned for being outside the US too much puts his LPR status at risk. He has to be careful from now on. He needs to reside in the US and develop those ties.

[kzielu 1,154]

try flying into a smaller airport ..

I just returned from my first trip outside US since I got GC - flew into smaller airport (CVG) and was out for a week - first question I was asked by CBP officer was how long I stayed in Poland...