Required time in US for Green Card holder?

[Carito 0]

Hello. I hope I am in the correct place. I am trying to understand this as its been a while since I did all the paperwork. After my wife got her US citizenship we started to the process for her parents to be able to come here. They have since (maybe 3.5 - 4 years ago) received their 10 year green cards SSNs etc.

It was my understanding at the time that in order for them to eventually get us citizenship they were required to stay at least 6 months and 1 day in the US for 5 years, file tax returns, have bank accounts etc etc. thus creating additional ties here. THEN upon receiving US citizenship they could reside in either location provided they filed tax returns each year. (Since I guess Permanent resident status means you cannot be outside the country and not have re-entered or X period of time, .) Well her mother has been coming every year and staying for about 7 months. This will be her 4th year. Her father though has not and only came once 2.5 years ago.

Now that we are fixing to have a baby, he went to the embassy there to make sure he was ok. They said something like he was considered to have possibly abondoned his permanent residence status and to file some forms etc etc since he has not been to the US in 2.5 years. Mostly due to some health issues and his parents being close to 90 and ailing.

So I guess what I am trying to understand is am I on the correct path in thinking that once he gets past this, in order for them to reside here and where they are from, they have to have dual citizenship status and not be green card holders????

They do not really want to live here permanently but want to be able to live here periodically to spend time with Grandbabies and other family members as well as see their family back home.

Can someone help me and let me know if I understand this correctly?

Thanks!

[NigeriaorBust 4,087]

Green cards are to live in the US , they are not meant to be long term visitors visas. Being a USC requires filing taxes and such. If they just want to come once in a while a visitors visa is the correct document. He could turn in his green card and get a visa or he could try to get the required residency in the US and go for USC. There are other requirements for USC , some of which may be waived for older people,( tests in civics and english )

[aaron2020 11,651]

You may want to read this. It's about another family that was using green cards to visit the US occasionally.

http://www.visajourney.com/forums/topic/430608-removal-deportation-order-was-given-by-immigration-judge/?fromsearch=1

[Carito 0]

Wow I just read that link. Thanks for the comments. I was afraid of this. I do know that I believe due to the medical issues he will be ok. My only thing now, is is it better to try for the USC or just do the visitors visa? I dont know anything about the visitors visa. Are they easy to get issued each time you want one with his daughter being a a USC now? So he wants to come once a year or so it wouldnt be an issue?

Also, do you know if I am correct in that IF and or once you get your USC (as in her parents) they CAN live here and there as long as they file tax returns etc? I mean that process has more to go through but may be better long term I dont know.

I am pretty sure we were told to get USC you have to be here minimal 6 months and 1 day per year for five years. To me that there implies that you are not requred to only reside here. But that you cannot be gone for a particular length of time?? Does someone have a link to more info on this? In other words her mom is not in violation because she is doing this even though she flies home for other family reasons each year. Her father on the other hand is because he was gone and didnt come back for 2.5 years and now wants to .

[Boiler 43,397]

Abandoning Permanent Resident Status

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 United States for more than 1 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 United States may be considered, even if less than 1 year
• Remain outside of the United States for more than 2 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 United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a “nonimmigrant” on your tax returns

[Carito 0]

Thanks Boiler. I think that is what I was looking for. Now I just need to see what he wants to do.

If you surrender your green card is it pretty straight forward to get a travel visa when you need one given you have a daughter living here as a USC? I am gussing that its a form you file, pay a fee etc. Just wondering if those are generally approved most of the time.

On the flip side, are there are any requirements for minimum stay etc if you are living abroad ONCE you do get USC? So in that case if he did eventually get his USC, as long as he files taxes every year etc, he could live here and there as he chooses?

[Boiler 43,397]

Many USC's live outside the US. I am a UKC and have not lived there for 8 years and probably never will again.

Having had a GC helps get a B2. Look on the Peruvian Consulate web site for details.

I 407 to abandon LPR.

[Carito 0]

Having had a GC helps get a B2. Look on the Peruvian Consulate web site for details.

I 407 to abandon LPR.

Thanks. I thought you had to turn in your GC to get a visa? If going the visa route, he'd prbably try and come once or twice a year for a shorter period of time since staying for long periods is a little out now with his parents aproaching their late 80s.

Not sure what your last sentence means. LOL A little short on the acronyms.

[Carito 0]

I also just read on other post that when you surrender your GC and file for the tourist visa, you will alot of times get a multiple entry 10 year visa. I guess thats good if it really works that way.