Bringing mom and dad as LPR for yearly visits

[Ryan1 0]

Hi,

I wanted to see if anybody else out there has experience bringing parents to USA as LPR (green card), but the parents only want to live in US 1 month per year, and the rest of the time back in home country.

You may ask: why petition them for Green card, instead of tourist card?

Answer: b/c US keeps denying people who live in 3rd world tourist visas (even with US citizen kids in USA). So they can't come here to visit grandchildren, etc, unless they get the green card. In other words, they want to live in two countries (they are retired), USA part year and home country part year.

I've heard of many naturalized us citizens petionining to get their parents US LPR, in large part so they can visit them here 1 per year, since US routinely denies tourist visas to folks living in the 3rd world, regardless of whether they have US citizen children.

So basically, just wondering if anybody else out have experience with having foreign retired parents who want to live in two countries (month or two per year in USA and the rest of the time in home country).

I realize that to keep US LPR , one has to be in country 1 week per year, to keep status (and have address, etc).

thanks for any thoughts..

[sachinky 465]

If they attempt to live in the U.S. for only one month a year, they are not going to keep that GC for very long. If CBP notices a pattern, they are authorized to confiscate a GC and deny entry to a LPR as he/she is considered to have "abandoned their status" in the U.S.

Permanent Residence is just that. Permanent residence. The GC is not to be used as a tourist visa and any attempt to use it as such will result in its revocation.

[bostonmom 0]

I have the same exact question too. My parents were rejected tourist visa 4 times and gave up trying anymore. I now started the I-130 for them.

What's the criteria to maintain the green card? Have to stay in US more than 6 every year?

[belinda63 3,038]

To maintain your Legal Permanent Resident status you must reside in the US, not just come visit. Find some useful links below.

My link

My link

My link

My link

My link

You can google a lot more if you wish but it clearly shows a LPR must maintain a primary residence in the US and leave only for short trips abroad and they can be required to show proof of their continuing residence in the US when they attempt to re-enter.

[Ryan1 0]

Thanks for the advice so far. A few folks replying, while I appreciate greatly your time and thoughts, I don't know some folks get a bit anxious, if not agresssive, in tone. Maybe, my title was misleading..visits can be broadly interpreted.. i should have said, living in 2 countries usa and home country.

You are correct in your assessment that they can take about GC, and one must be very careful to heed the requirements, but you are missing the big 'grey' area, as many of the requirmeents are up to interpretation.

There is nothing in the law that says you can't live in 2 countries. This is 21st century and global society.

The big critera is "LPR's close family members', which is in the US in these cases. Also , GC holding parents who live in 2 countreis can easily get bank accounts, address here USA, etc, which is not too hard.

The biggest in terms of re-entry is that GC aren't outside US for more than 1 year. But even then, you can get a waiver, but must be done in their home country before trying to 're-enter' usa.

Again, I would love to bring them here on tourist visas, but US embasey always says no. So what else to do??, I as US citizen have a right to have my parents be here for their grandchild's birth, etc.

keep the comments coming , as I think a lot of people are in a similar 'boat' , and this topic is under-discussed in VJ.

thanks

[belinda63 3,038]

Well reading all the articles and cases that I have in the last few days, trying to live in another country and maintain LPR status in the US is tricky at best.

But first, as a US citizen you do not have a right to bring family here, even for a visit. I see no where in the constitution a mention of this "right". If a person decides to live in the US and is allowed to do so prior to making that decision they should considered all the factors involved including the possibility of their family not being permitted to visit. My mother, as an immigrant, did this as well as my spouse and both made a decision that they would make the trips to their home country because their family cannot, for various reasons, come to the US to visit.

Some of the factors that are considered when a person is found to have abandoned LPR status are as follows:

1. Permanent residence in the US such as owning a home or having a long term lease

2. Filing taxes in the US as an immigrant.

3. Family ties to the US

4. Temporary absences for a specific purpose with a definite return date.

5. Maintaining employment, bank accounts, credit cards (and actually using them) in the US.

6. Length of absence from the US

7 A pattern of coming to the US for short periods of time and then leaving.

Yes each case is individual and will, if placed before an immigration judge, be determined upon it's individual facts, but trying to maintain LPR status while having a residence in another country, receiving income from another country, and only coming to the US for a month or so a year most likely will result finding that the person has not met the requirements of being an Immigrant.

Edited June 6, 2010 by belinda63