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My parents have card. what are the requirements to maintain…

Hi, my parents have green...
Hi, my parents have green card. what are the requirements to maintain green card?
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Answered in 6 minutes by:
3/7/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,365
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

You mean how much time are they supposed to spend in the U.S. to maintain the status?

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Customer reply replied 4 months ago
ok. Will put your name in future.yes. 1. how much time they MUST stay in US? and 2. how much time can they be outside US (without re-entry permit)?

Ok. No problem. 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:

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

So basically, they need to spend more time in the U.S. than outside of the U.S. If that will not be possible, at least at the beginning, they can apply for a Re-Entry Permit on form I-131. This will allow them to be outside of the U.S. for up to 2 years. They can use it for multiple trips. If they need more time,they come back before the 2 years ends and then they can apply for one more Re-Entry Permit for 2 more years. If they still need more time, they can apply again, but after 4 years, they get harder and harder to get and often only grant them for one year at a time. At some point they will need to start living in the U.S. and spending more than 180 days per 12 months inside. Here is a link to the I-131:

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

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,365
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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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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Customer reply replied 4 months ago
Thanks.
Customer reply replied 4 months ago
They are coming back within 6 months since their last visit. But as soon as they visit they are planning to travel to Canada for a couple of months. Is this ok?

Playing with fire. Remember, they are supposed to spending more time in the U.S. than outside of the U.S.

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Customer reply replied 4 months ago
They plan to come back from Canada after a couple of months and stay in US. Then apply for I-131 and once approved they will travel back to India. Is this still risky? Thanks.

It is still a little risky, but it may work out.

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Customer reply replied 4 months ago
Ok, does the 6 months or more stay in US have to be consecutive for immigration or it can be at different points in the year?
Does immigration check whether a person is spending more than 6 months in a particular calendar year or a year from when they enter US? If so, will it suffice if my parents comeback and complete their 6 months total in US.

No trips longer than 180 days and no multiple trips within ANY 12 month period that add up to more than 180 days.

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Customer reply replied 4 months ago
Previously you mentioned it is still risky - why is it risky in this situation? could you please clarify?

Because they are spending too much time outside of the U.S. It is called RESIDENCY for a reason, and that is because they are supposed to be RESIDING in the U.S. to maintain it.

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Customer reply replied 4 months ago
That makes sense. Does the reason for travel have any impact? If so, they are going to assist my sister during her delivery.They first first came to US on March 16th, 2017 and left US on September 30, 2017. They came back now on March 16th, 2018. They were planning to visit canada on 23rd march and stay for 2-3 months. So this trip would violate the 'no multiple trips within ANY 12 month period that add up to more than 180 days' policy (you stated earlier) if we consider the SEP 2017 - SEP 2018 12-month time frame. I did not see this 'ANY 12 MONTH' period policy listed on the USCIS site here under 'Abandoning Permanent Resident Status' section - https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residenceWould you advise against this trip based on your experience? How likely are they to deny entry when they come back from Canada?

Yes, it would violate that multiple trip provision. They won't be denied entry coming back to the U.S. after 2 or 3 months in Canada, but they will be given a warning. They will need to start spending more time in the U.S. than outside of the U.S. or get a Re-Entry Permit to allow the opposite. Good luck.

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Customer reply replied 4 months ago
Ok got it, thank you!
One final question - If they get the I-131 approved and live outside the US for longer times, will it affect any petitions they filed for others (as long as they maintain the I-131 and get it renwed)?

My friend, I don't mind answering a few follow-up questions, but all within limits. When I hear "One last question", that always depends on what my answer is. However, I'll answer this last one for you. With an I-131 Re-Entry approved, they won't abandon their Residency status being outside for too long, but having a Re-Entry Permit does NOT prevent issues with maintaining continuity of Residency for Naturalization purposes meaning they are still supposed to come back to the U.S. for at least 1 day every they days even though they may have a Re-Entry Permit and living outside of the U.S. too often could cause issues for anyone that they apply for because they will have to convince a visa officer that they plan to reside in the U.S., not just apply for a relative to come in regards ***** ***** UNITY when they will actually not be unified at all since the relatives will live in the U.S. while your parents will live outside. That's not the point of the family-based petitions. Anyway, thank you for stating it would be the last question!

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Customer reply replied 4 months ago
Thanks.

My pleasure.

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