Question regarding I-131 Re-entry Permit

[immiprocess 1]

My brother got his green card in December 2012. Since 2012, he visited US each year.

In 2012, he stayed 45.

In 2013, he stayed 55.

in 2014, he is in US and wants to file re-entry permit. He never ever file any tax return in US, becuae doesn't work here.

Now, he is planning to apply for re-entry permit. He has confusion in Part 5 of I-131 form.

More specifically, this is the question where we have doutbs.

Since you became a permanent resident of the United States, have you ever filed a Federal income tax return as a nonresident or failed to file a Federal income tax return because you considered yourself to be a nonresident?

(If "Yes" give details on a separate sheet of paper.)

Yes, No.

What should he tick? What should be the answer of above question?

Thanks,

immi...

[NigeriaorBust 4,087]

He isn't residing in the US he is visiting. Read the requirements for maintained resident status. He will likely lose the green card soon with his current pattern of travel

[immiprocess 1]

He isn't residing in the US he is visiting. Read the requirements for maintained resident status. He will likely lose the green card soon with his current pattern of travel

Yes, therefore he is planning to apply for a re-entry permit.

What should he do?

What would be the answer of my question in OP.

[Birdo 16]

He needs to answer the questions as they apply to him. If he hasn't filed taxes because he consideres himself to be a Non - Resident (which it sounds like he is), then he has to answer Yes to that question. All residents of the United States must file taxes in the United States unless they do not have enough income.

[Cathi 5,613]

Just because he applies for a re-entry permit doesn't mean they will issue one. he hasn't been residing in the US, he is using his green card for a visitor visa and will most likely have it revoked. Green cards are for LIVING in the US.