Travel Restrictions for parents

[Nutty 2]

I have an aunt and uncle who received their conditional immigrant visa 6 months ago. They came to USA for a few months and left. They think that they can live outside the USA for 1 year and retain their visas.

What is the maximum time a immigrant can stay outside when they have just received their immigrant visa?

Thank you.

Edited April 7, 2008 by Nutty

[YuAndDan 153]

Do they have green-cards? The I-551 stamp in passport is only temporary.

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.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD Edited April 7, 2008 by YuAndDan

[Nutty 2]

Do they have green-cards? The I-551 stamp in passport is only temporary.

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.

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

I really don't know what kind of stamp they have...I asked my husband what kind of visa they have, and he said, "they have white visa."

HUH???

[Boiler 45,941]

The answer to your question is that they might get away with it for a while. Or not.

But then is they spend so little time in the US I guess its not that important to them.

Assuming they have been issued with a GC they would have the right to a hearing in front of an Immigation Judge.