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Sherlock

Problem with LPR spending too much time in country of origin?

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Ok, Mother in law was denied a tourist visa 5 times, so we gave up and filed for an immigrant visa back in August, got approval last week.

Now just to be clear - I don't want her to live here, my wife doesn't want her to live here, and she doesn't want to live here, we only filed for immigration because it was the only way she could come visit.

So, our plan is for her to go back and forth, like she has a tourist visa. We will get advance parole for any extended periods.

My question is - has anyone ever heard of someone getting hassled at immigration, or worse because they spent too much time in the country of origin? Just wondering.

--------------------

Naturalization Timeline

28 JUL 2007 - Sent N-400 and supporting documentation

20 AUG 2007 - Bank Website indicates check has been cashed

15 NOV 2007 - Received NOA

28 NOV 2007 - Received Biometrics Appointment letter

18 DEC 2007 - Biometrics Appointment

14 MAR 2008 - Received Interview Appointment letter

05 APR 2008 - Interview (Baltimore) SUCCESS!!

14 APR 2008 - Citizenship Oath

17 APR 2008 - Applied for US Passport

03 May 2008 - US Passport Received!!!

**Any comments or advice given by me is based on the circumstances of my specific case, and does not infer an in-depth knowledge of immigration law.**

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Ok, Mother in law was denied a tourist visa 5 times, so we gave up and filed for an immigrant visa back in August, got approval last week.

Now just to be clear - I don't want her to live here, my wife doesn't want her to live here, and she doesn't want to live here, we only filed for immigration because it was the only way she could come visit.

So, our plan is for her to go back and forth, like she has a tourist visa. We will get advance parole for any extended periods.

My question is - has anyone ever heard of someone getting hassled at immigration, or worse because they spent too much time in the country of origin? Just wondering.

United States Immigration law requires that any alien admitted for lawful permanent residency maintain an intent to reside permanently in the United States. Hence, such issues and questions regarding the maintenance or abandonment of status usually arise when the lawful permanent resident departs the United States, and thereafter makes an application for admission at a United States Port of Entry, usually at airport. At that time, the U.S. INS may question and interrogate the alien to determine if he has, either explicitly or implicitly, manifested an intent to renounce or abandon permanent resident status.

So yes, you could be hassled, and I have read some accounts of this happening. LPR is not to be used as a "travel/tourist" visa.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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you should re3view the guidelines for LPR because she has to live in the US half the time and cannot have over 6 months i believe it is outside the us at any 1 time and annually there is a restriction also. Read the guidelines for the exact answer. An immigrant visa cannot be used like a tourist visa.

IR-1 / CR-1 Visa

Event Date

Service Center : California Service Center

Consulate : Manila, Philippines

Marriage : 2007-05-10

I-130 Sent : 2008-06-30

I-130 NOA1 : 2008-07-09

I-130 Approved : 2009-01-27

NVC Received : 2009-02-02

Received DS-3032 / I-864 Bill : 2009-02-11

DS-3032 E-Mail accepted: 2009-02-11

Pay I-864 Bill 2009-02-14

Receive I-864 Package : 2009-02-14

Return Completed I-864 : 2009-02-18

Return Completed DS-3032 : 2009-02-11

IV Bill generated: 2009-02-11

Receive IV Bill : 2009-02-14

Pay IV Bill : 2009-02-14

Receive Instruction Package : 2009-02-18

NVC received both packages: 2009-02-20

DS-230 & I-864 scanned NVC: 2009-02-23

Case Completed at NVC : 2009-02-26

Interview confirmed: 2009-02-27

NVC Left : 2009-03-06

Consulate Received : 2009-03-09

Medical completed: 2009-03-20

Interview Date : 2009-04-03

Visa Received : 2009-04-07

US Entry : 2009-05-10

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Filed: K-1 Visa Country: Wales
Timeline

I have read lots of stories of people having issues for misusing LPR status.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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