Staying outside of US 5 months or 11 months?

[ivantran85 1]

My mom has green card, she owns a house in virginia, but no employment. My mom has business in vietnam and she needs to be there to operate it. She already applied for re entry permit but they only give her 1 year for the reentry permit. She want to keep her green card but she's not ready to live in the US yet.

 

After that, Im thinking about letting my mom go back to the US every 5 months to make sure that she can keep her green card. Or could she come back every 11 months and not getting in trouble?

 

Thanks

[C90 376]

9 minutes ago, ivantran85 said:

My mom has green card, she owns a house in virginia, but no employment. My mom has business in vietnam and she needs to be there to operate it. She already applied for re entry permit but they only give her 1 year for the reentry permit. She want to keep her green card but she's not ready to live in the US yet.

 

After that, Im thinking about letting my mom go back to the US every 5 months to make sure that she can keep her green card. Or could she come back every 11 months and not getting in trouble?

 

Thanks

The green card is not an 'easy entry' into the US, it's for people who want to live here fulltime.

 

If she has a 2 year green card, there is a chance she gets in trouble if they see on her 10 yr application that she was basically living outside the US most of the time.

If she has a 10 year green card, CBP can revoke her green card at the border when they see in her travel history that she is basically living outside the US most of the time. 

 

Not saying the scenario's above will happen, just that they might happen. They also might not happen at all. In the end she should try to spend more time per year in the US then outside the US to not jeopardize her status.

[Lil bear 3,878]

7 minutes ago, ivantran85 said:

My mom has green card, she owns a house in virginia, but no employment. My mom has business in vietnam and she needs to be there to operate it. She already applied for re entry permit but they only give her 1 year for the reentry permit. She want to keep her green card but she's not ready to live in the US yet.

 

After that, Im thinking about letting my mom go back to the US every 5 months to make sure that she can keep her green card. Or could she come back every 11 months and not getting in trouble?

 

Thanks

It’s not about “keeping the Green Card” but all about maintaining permanent residency in the US. The things you ask about will sooner or later raise the question on her return to the US of her having abandoned her LPR status. GC is for  living in the US.. not coming here every now and then. The IR category is for family reunification... 

Reentry permits can be renewed once.. giving 2 years absence in total.  Frequent extended times out outside the  US .. especially over 6 months ... will quickly bring into question her residency .. especially if her absences are to take care of her business in her home country. 

This category of immigrant visa.. for parents of USC.. is one that may not exist in the future. It’s abolition has been proposed frequently in the current discussions  regarding immigration reform.  It would be very sad if her absences caused her to lose her LPR status as them discover that she was no longer eligible for an IR  visa 

[Going through 5,668]

Same responses on your previous thread:

 

 

[mmsk 9]

I would suggest her to keep applying for re entry permit while she is abroad. Visiting every 5 or 11 months will put her residency in a risk. 

It may work or may not. 

 

Best Luck 

[junkmart 320]

On 4/17/2019 at 6:41 PM, ivantran85 said:

She want to keep her green card but she's not ready to live in the US yet.

Unfortunately, I do not think she can have it both ways. Green cards are meant for people who want to live in the US. According to you, she is not ready to live in the US. To me it sounds like she is misusing her GC, and I assume eventually CPB may catch on. I think the right thing for her to do is to renounce her LPR status. She can then reapply once she is ready to move to the US on a more permanent basis, perhaps once she retires and no longer needs to reside in Vietnam in order to run her business.

Whatever she decides to do, good luck.

 

Update: After reading your other posts, you had already been advised that she was misusing her green card by other members, last year. You may want to take it seriously this time.

Edited April 30, 2019 by junkmart

[march16filer 153]

On 4/26/2019 at 3:34 AM, mmsk said:

I would suggest her to keep applying for re entry permit while she is abroad. Visiting every 5 or 11 months will put her residency in a risk. 

It may work or may not. 

 

Best Luck 

She has to be present in the US while applying for the reentry permit. I know someone whose application for a reentry permit was denied because they were not in the US when they applied. 

[mmsk 9]

21 hours ago, march16filer said:

She has to be present in the US while applying for the reentry permit. I know someone whose application for a reentry permit was denied because they were not in the US when they applied. 

I agree with you. She must be in the US while filing until USCIS receives her application then she can leave and come back for biometric. In the re entry permit form she can can ask to pick up her re entry permit at the nearest US embassy to her

[march16filer 153]

4 minutes ago, mmsk said:

I agree with you. She must be in the US while filing until USCIS receives her application then she can leave and come back for biometric. In the re entry permit form she can can ask to pick up her re entry permit at the nearest US embassy to her

I didn't know that she can pick up the permit at a US embassy. I thought it had to be here.

[Lil bear 3,878]

1 minute ago, march16filer said:

I didn't know that she can pick up the permit at a US embassy. I thought it had to be here.

The information given by march16filer is correct. 

[mmsk 9]

2 minutes ago, march16filer said:

I didn't know that she can pick up the permit at a US embassy. I thought it had to be here.

Yes she can but she has to select that option in the re entry permit form

[march16filer 153]

Just now, mmsk said:

Yes she can but she has to select that option in the re entry permit form

I would be very nervous about this, to be honest. CBP are pulling some weird ####### these days.

 

I have a friend who's been a green card holder for years, and used to come to the US every 5 months for a few days and they actually took away her green card at JFK and scheduled an interview with an officer a couple of months after and basically told her "Either you give it up willingly and be able to apply for a US Visa or fight it and you won't be admitted to the US anymore."

I think this was just bullsh*t because a good lawyer could have fought it and won, but, she wasn't up for a fight and they basically scared her.

[payxibka 10,044]

If she simply steps into the USA for a month or two, they will spot the trend and put a stop to it

[mmsk 9]

1 minute ago, march16filer said:

I would be very nervous about this, to be honest. CBP are pulling some weird ####### these days.

 

I have a friend who's been a green card holder for years, and used to come to the US every 5 months for a few days and they actually took away her green card at JFK and scheduled an interview with an officer a couple of months after and basically told her "Either you give it up willingly and be able to apply for a US Visa or fight it and you won't be admitted to the US anymore."

I think this was just bullsh*t because a good lawyer could have fought it and won, but, she wasn't up for a fight and they basically scared her.

 

Coming to US every 5 months or whatever is risky. That’s why I recommend to apply for re entry permit for any person who plans to be out of the states for long time.

YOU RIGHT. If your friend fought for it, she may kept it but it is all depends on the immigration judge and the us ties that your friend will present in front of the judge. It will be complex but not impossible.

[junkmart 320]

11 minutes ago, march16filer said:

I have a friend who's been a green card holder for years, and used to come to the US every 5 months for a few days and they actually took away her green card at JFK and scheduled an interview with an officer a couple of months after and basically told her "Either you give it up willingly and be able to apply for a US Visa or fight it and you won't be admitted to the US anymore."

I think this was just bullsh*t because a good lawyer could have fought it and won, but, she wasn't up for a fight and they basically scared her.

That's what SHOULD happen. If you abuse your green card, it should be taken away. I believe that OPs mother's GC should also be taken away, if she won't do it voluntarily.

 

The purpose of the green card is to live in the US. Not to visit every 5 months to get a re-entry permit so that you can live outside of the US.

Edited May 9, 2019 by junkmart