What is the minimum period one can stay in the US without losing their greencard?

[winner 0]

Anyone knows?

[florida_guy07 0]

Anyone knows?

1 minute... 1 second... it is not so much about time as it is about being able to maintain a resident status, which means having a job, perhaps a house, a bank account, family, etc...

[YuAndDan 153]

There is no min in the country for residence, there is a limit on how long out of the country.

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

[jula 0]

Anyone knows?

It is not about the number of the months (other than not being outside the US more than 1 year without re-entry permit), but about the ties with the US, reason for not living in the US on full time basis and weather that's temporary or permanent, where in fact the person in question resides, has belongings etc.

It is a complex issue.

For example, a PR (has resided in the USA for a number of years) who studys abroad and comes to the USA for 2 weeks during the sommer break, would have a better argument against abandoning residency than an alien who left shortly after obtaining GC, runs a business in home country and comes to the USA twice a year and stays for a month each time.

[winner 0]

There is a requirement that one must file returns every year, so they dont lose the PR status. Is being carried as a dependent on tax returns by someone else a failure to meet this rule?

[florida_guy07 0]

There is a requirement that one must file returns every year, so they dont lose the PR status. Is being carried as a dependent on tax returns by someone else a failure to meet this rule?

It is not just about tax return, or time absent, or time in the US, it is a combination of things.

If they are just going to be coming here to visit you, they should just get a B2 visa.

[kitkat1 5]

There is a requirement that one must file returns every year, so they dont lose the PR status. Is being carried as a dependent on tax returns by someone else a failure to meet this rule?

Start from the beginning and provide the complete background - that way people can provide a complete and accurate answer.

1) Are you parents Legal Permanent Residents at this time? If so, the requirements have to do with how much time they can spend OUTSIDE of the country.

2) If you parents are dependents on someone elses tax return (I don't understand that) there is no relationship to their green card.

3) Yes, there is a requirement that one must file tax returns every year. This is the case whether the person lives in the country or outside of the country.

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

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.

[Dr_LHA 3]

Anyone knows?

Why don't you explain what your parent's movitation here is? Green Cards are for people who want to live permenantly in the USA. If they don't want to live here then they won't be getting a Green Card. A green card is not a visitor visa. Treating it as such will simply lead to USCIS revoking it, which they can do after 1 day outside of the USA if they judge that the person does not intend to be a permenant resident of the USA.

[Reba 2]

its a matter of intent. If your parents (or anyone for that matter) has a green card, and then they go live elsewhere for a few weeks, or months or or or...upon their re-entry to the US, the immigration officer may feel that their *intent* is not to live permanently in the US, but just to have the green card for easier entry to visit or whatever. They can revoke the green card just if they *think* you have no intent to actually be a permanent resident.

[bennyb 0]

Dearest friends. This question applies to my husband and me as well. I have been waiting since 2001 for my PR, and we are just about to receive our interview.

However, because of some major changes at my workplace which scared both of us, I accepted an overseas job, starting quite soon. I assumed that we would have gotten our interviews by now when I accepted this position, but as everyone here knows, the issuing offices work in molasses it seems.

So, now we wish to move, possibly shortly after our interview.

Firstly, is there a probationary period before the real PR is granted to us after our interviews?

Secondly, if I decide to keep my house here in the US, visit every year or more, keep a bank account and all that, is there another form I must fill to keep my PR?

Thirdly, if there a special form to fill to keep our PR active if I must leave before the probationary period?

I really really was hoping to avoid this mess, but really, it has been 7 years, for goodness sakes since I applied for it.

please send me your suggestions

And I know, you might say why did you apply for PR if you had no intent on staying - well, I did intend to stay, had I gotten my PR.

AB

[shadtov 0]

For people with family in developing nations it's almost impossible to obtain visitor's visas. Because of that, the only option is to sponsor a loved one for a green card. It's just not an option to go that route.

We're planning to apply for a green card for my mother-in-law in the future. Our intention is for her to live with us much of the year, but she will likely spend winters in her hometown.

For the OP, I have a friend whose in-laws visit a couple of times of year for a few months at a time. They are able to keep their green cards. They've been doing this since they retired in the US. They no longer own a home in the US, but their kids were raised in the US and they file taxes for their social security.

bennyb, it would be helpful to know your timeline. You might be a granted a 10 year card if you've been married more than 2 years, but it would still be difficult to maintain PR status if you're not connected to the US with work/living even with the 10 year card.

[eau_xplain 2]

Dearest friends. This question applies to my husband and me as well. I have been waiting since 2001 for my PR, and we are just about to receive our interview.

However, because of some major changes at my workplace which scared both of us, I accepted an overseas job, starting quite soon. I assumed that we would have gotten our interviews by now when I accepted this position, but as everyone here knows, the issuing offices work in molasses it seems.

So, now we wish to move, possibly shortly after our interview.

Firstly, is there a probationary period before the real PR is granted to us after our interviews?

Secondly, if I decide to keep my house here in the US, visit every year or more, keep a bank account and all that, is there another form I must fill to keep my PR?

Thirdly, if there a special form to fill to keep our PR active if I must leave before the probationary period?

I really really was hoping to avoid this mess, but really, it has been 7 years, for goodness sakes since I applied for it.

please send me your suggestions

And I know, you might say why did you apply for PR if you had no intent on staying - well, I did intend to stay, had I gotten my PR.

AB

If you've been married since 2001, then you will get a 10-yr green card when you get approved and will not have to file for removal of conditions.

As to the residence issues, aside from keeping a residence (home) in the US, you also have to file income tax return. If you stay for more than 1 year (straight) outside the US, then you will have to file for a re-entry permit. This re-entry permit need to be filed before you leave but you may request to pick it up at the US embassy in the country where you will be going. If you stay outside the country for more than 2 years, then you will have to apply for a returning resident's visa. All this info you can find in the USCIS website.

[bennyb 0]

Dearest friends. This question applies to my husband and me as well. I have been waiting since 2001 for my PR, and we are just about to receive our interview.

However, because of some major changes at my workplace which scared both of us, I accepted an overseas job, starting quite soon. I assumed that we would have gotten our interviews by now when I accepted this position, but as everyone here knows, the issuing offices work in molasses it seems.

So, now we wish to move, possibly shortly after our interview.

Firstly, is there a probationary period before the real PR is granted to us after our interviews?

Secondly, if I decide to keep my house here in the US, visit every year or more, keep a bank account and all that, is there another form I must fill to keep my PR?

Thirdly, if there a special form to fill to keep our PR active if I must leave before the probationary period?

I really really was hoping to avoid this mess, but really, it has been 7 years, for goodness sakes since I applied for it.

please send me your suggestions

And I know, you might say why did you apply for PR if you had no intent on staying - well, I did intend to stay, had I gotten my PR.

AB

If you've been married since 2001, then you will get a 10-yr green card when you get approved and will not have to file for removal of conditions.

As to the residence issues, aside from keeping a residence (home) in the US, you also have to file income tax return. If you stay for more than 1 year (straight) outside the US, then you will have to file for a re-entry permit. This re-entry permit need to be filed before you leave but you may request to pick it up at the US embassy in the country where you will be going. If you stay outside the country for more than 2 years, then you will have to apply for a returning resident's visa. All this info you can find in the USCIS website.

Hello everyone - thank you for all the advice. I know about the tax filing and the reentry permit.

We were married 1 1/2 years ago. I will try to get a timeline organised, but it takes time. haha.

I would like to know: if I get the interview tomorrow, will they grant a provisional PR? I heard that we would have to stay 6 months before we can leave and still keep the PR (assuming that we would return to the US 6 months/1 years etc).

This is the bind we're in: I applied for this PR in, oh, 2001, and because of 9/11, lost job, got another in same field, came back to HI...been back for 3 years now. Interview is very very close, as we may get our invitation next week.

Business was bought out, but still have a job, and got this offer for another in Australia. Husband wants to go live there again. So I accepted. Bad timing all around, since the job here decided that I'm very important to them, and they want me; plus with bad housing bubble here, can't sell my house anyway.

BUT, I don't want to, how do you say, burn any bridges, since I may come back to this job after 3 years away, as they said they need me, and to tell the truth they've been very accommodating and patient, keeping me around and all that. So that's why I don't want to abandon my PR entirely. Oh one other thing, my husband overstayed before we got married, so that's another reason - getting the PR would erase his 'sins'.

advice? AB