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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 99492
Experience:  Private practice in several areas, including immigration
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I have been a permanent resident since 2002 - My husband is

Customer Question

Hi - I have been a permanent resident since 2002 - My husband is a US citizen and my two kids are born in US and are citizens. my husband moved to Asia on international assignment from 2008 - We are traveling every year for few weeks ever since to maintain my green card - So far there are no challenges (but for few questions from immigration officer) - i file taxes every year , have US driving licence, have bank accounts and own a LLC firm - I dont stay more than few weeks a year - planning to take my 11 year old daughter (US citizen) with me - Will there be any challenges - Last three years I am taking care of my bedridden father and have doctor certificates -
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Ely replied 3 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am afraid yes - there will always be challenges as long as you maintain this lifestyle, be it for work or pleasure.

As a greencard holder, you are expected to live in USA. This means spending majority of your time out of the year in USA, maintaining a living residence in USA, and not traveling outside USA for more than 6 months without a permit (I-131).

You have been maintaining some semblance of residence in USA and have been back coming for a few weeks at a time. However, you know as well as I that this is superficial. While highly subjective, sooner or later ICE/CBP/USCIS is going to bar you from entry into USA and revoke your greencard based on "abandonment."

To avoid this, you want to:

1) Become a US Citizen (no travel restrictions then)

2) Stay in USA for more time that you are abroad, or

3) Use an I-131 permit every time you go out for 6+ months.

Otherwise, you may be denied entry one day and yes the authorities have this discretion - they do not need a court order.

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Expert:  Ely replied 3 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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