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My parents got their' card' in November 2011. They come to

Customer Question
My parents got their 'green...
My parents got their 'green card' in November 2011. They come to the United States every year and stay for less than 6 months. At their latest visit the immigration officer at the airport threatened to cancel their green card if they don't stay for at least 6 months,
Can you elaborate the law on this.
Thanks.
Faisal saghir
Submitted: 2 years ago.Category: Immigration Law
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9/6/2015
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,642
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Well, they call it Residency because one is supposed to be residing in the U.S. to maintain it.

Anyone that is a Lawful Permanent Resident (LPR) and is outside of the U.S. for 180 days or more within any 12 month period (not necessarily calendar year) creates a rebuttable presumption of abandonment of residency. That presumption can be rebutted by evidence to the contrary such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage or rent, maintaining a U.S. drivers license, U.S. bank accounts with significant movement, etc.

Someone that has been outside of the U.S. for more than 1 year without first having an approved re-entry permit has abandoned their residency and only in very few exceptions (such as serious illness) can they get it back.

Here is an official link:

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

So really, they need to be spending more time in the U.S. than outside of the U.S. IF they cannot do it at this time, they can apply for a Re-Entry Permit on form I-131 which will allow them to stay out of the U.S. up to two years and not lose the Residency status. They can use it to come in and out of the U.S. during those 2 years. If they still need more time, they can get another one for 2 more years, but after that, they get harder and harder to get and they usually only give them for 1 year at a time. So sooner or later, then need to spent more time in the U.S. than outside of the U.S. Here is a link to the form:

http://www.uscis.gov/i-131

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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