Minimum time green card holder can be in US

[IrinaNMike 0]

My stepson doesn't wish to emigrate to the US, but my wife and I would like him to be able to visit us occasionally, to see the Grand Canyon, Yellowstone, etc.and, should anything happen to us (we're getting older like everyone else) to help out in case of a medical emergency. Because he is single, 35 years old, and Russian, he is not eligible for a tourist visa. We are instead sponsoring him for a Green Card. Our application to sponsor him was approved last year, and we anticipate that in another three years or so he will finally be able to visit us in the US. We will take him on a driving tour of the US and help him get his Green Card. Then, he will return to Russia.

Now, here's my question: what does he need to do to keep his Green Card once he gets it? Does he have to file a tax return? Spend a minimum amount of time in this country each year? Or is just using our home as his mailing address going to be enough? We want him to be able to visit us more than once, without going through the six-year application process each time.

And a related question: he has a young son by his longtime but unmarried partner. Can he bring the son (will be 5 years old) and get a Green Card for him too? (His partner would give written permission) The son also would not be staying in the US, but it would be nice if he could have the option of coming over here for a longer stay when he gets older.

Our primary goal is just to allow my wife's son a chance to see the US, and we are going to achieve that; but if it is at all possible, we would like son, and grandson when older, to be able to visit us more than once. Of course, if the US policy on granting tourist visas to unmarried Russians should change, all this would be moot, but we're not counting on that.

Any advice will appreciated. Thank you!

[aleful 1,905]

My stepson doesn't wish to emigrate to the US, but my wife and I would like him to be able to visit us occasionally, to see the Grand Canyon, Yellowstone, etc.and, should anything happen to us (we're getting older like everyone else) to help out in case of a medical emergency. Because he is single, 35 years old, and Russian, he is not eligible for a tourist visa. We are instead sponsoring him for a Green Card. Our application to sponsor him was approved last year, and we anticipate that in another three years or so he will finally be able to visit us in the US. We will take him on a driving tour of the US and help him get his Green Card. Then, he will return to Russia.

Now, here's my question: what does he need to do to keep his Green Card once he gets it? Does he have to file a tax return? Spend a minimum amount of time in this country each year? Or is just using our home as his mailing address going to be enough? We want him to be able to visit us more than once, without going through the six-year application process each time.

And a related question: he has a young son by his longtime but unmarried partner. Can he bring the son (will be 5 years old) and get a Green Card for him too? (His partner would give written permission) The son also would not be staying in the US, but it would be nice if he could have the option of coming over here for a longer stay when he gets older.

Our primary goal is just to allow my wife's son a chance to see the US, and we are going to achieve that; but if it is at all possible, we would like son, and grandson when older, to be able to visit us more than once. Of course, if the US policy on granting tourist visas to unmarried Russians should change, all this would be moot, but we're not counting on that.

Any advice will appreciated. Thank you!

live here. that's what a GC is for, he must reside in the US. the GC

is not a tourist visa. he can travel to Russia for a visit.

[Boiler 45,932]

Because he is single, 35 years old, and Russian, he is not eligible for a tourist visa.

Starting from a false premise.

GC = Legal Permanent Resident

[Barbara J 115]

My stepson doesn't wish to emigrate to the US, but my wife and I would like him to be able to visit us occasionally, to see the Grand Canyon, Yellowstone, etc.and, should anything happen to us (we're getting older like everyone else) to help out in case of a medical emergency. Because he is single, 35 years old, and Russian, he is not eligible for a tourist visa. We are instead sponsoring him for a Green Card. Our application to sponsor him was approved last year, and we anticipate that in another three years or so he will finally be able to visit us in the US. We will take him on a driving tour of the US and help him get his Green Card. Then, he will return to Russia.

Now, here's my question: what does he need to do to keep his Green Card once he gets it? Does he have to file a tax return? Spend a minimum amount of time in this country each year? Or is just using our home as his mailing address going to be enough? We want him to be able to visit us more than once, without going through the six-year application process each time.

And a related question: he has a young son by his longtime but unmarried partner. Can he bring the son (will be 5 years old) and get a Green Card for him too? (His partner would give written permission) The son also would not be staying in the US, but it would be nice if he could have the option of coming over here for a longer stay when he gets older.

Our primary goal is just to allow my wife's son a chance to see the US, and we are going to achieve that; but if it is at all possible, we would like son, and grandson when older, to be able to visit us more than once. Of course, if the US policy on granting tourist visas to unmarried Russians should change, all this would be moot, but we're not counting on that.

Any advice will appreciated. Thank you!

Hate to say it but agree with the others GC means permanent not visiting. You can't just get a GC to visit people in the US you have to live here and pay taxes like the rest of us. I don't like your chances at all. As said it can't be used a tourist visa.

[sachinky 465]

Using a green-card like a tourist visa WILL lead to its revocation.

[IrinaNMike 0]

Using a green-card like a tourist visa WILL lead to its revocation.

That's unfortunate, but we really don't have any other options available to us. For Russians like my stepson (single, 35, Russian, doesn't own any property, self-employed), we know of a dozen cases where someone has been turned down for a tourist visa, and only one where someone was granted one. So our only chance is for him to use the Green Card as long as he can. He doesn't want to live in the US, and my wife's health will, in a few years, preclude her from visiting him. If the Green Card eventually gets revoked, we're still better off than we were before, because he at least got to visit us once!

Do you have any insight into how and under what circumstances it will be revoked? Is it better for him to make one long visit or several short visits, spaced out over a long amount of time or a short amount of time?

[Neonred 3,629]

Why can't he get a tourist visa? My Russian step daughter is 22, single, and unemployed and she was just here visiting on her 2 year tourist visa. We are also sponsoring her for a green card, and that application has been in progress a little more than 2 years.

Has he tried to get the tourist visa yet?

Edited November 16, 2010 by Neonred

[Penguin_ie 5,996]

To have a good chance of keeping his greencard, he needs to spend more time inside the USA than outside, so roughly 7 months a year inside, 5 outside.

When and under what circumstances it gets revoked is up to the immigration officers at the border- basically, if he doesn't spend more time inside the USA than outside, he runs a chance that his greencard will be taken away and he will be denied entry everytime he tries to enter theSA. Usually, people get a warning the first time, and then it gets taken away the next time, but your stepson may encounter lazy officers who don;t realise he is spending so much time in Russia, and let him in three or four times for visits, or he may get an officer who is very strict and revokes the first time.

[Brother Hesekiel 2,236]

Your stepson has been given the incredible opportunity to live in the United States. Not thousands, not ten-thousands, not hundred-thousands, but millions among the roughly 6,800,000,000 people on this planet would cut off one of their limbs for this opportunity. If your stepson wants to stay in Russia, he has the right to do so. It's his life. But if he wants to p*ss it away and abuse his Green Card in a way not intended, he has to walk this walk alone.

Basically, you are asking for advice on how and on how long he will be able to circumvent US immigration law. VJ's rules do explicitly prohibit members to give advice on that.

[Boiler 45,932]

He could come first to activate his GC.

Having to go back and tie up loose ends is acceptable.

So that is two entries.

After that it is anybody's guess.

I am sure this is done more time than we may think.

It is going to end, nobody can tell you when.

[IrinaNMike 0]

Your stepson has been given the incredible opportunity to live in the United States. Not thousands, not ten-thousands, not hundred-thousands, but millions among the roughly 6,800,000,000 people on this planet would cut off one of their limbs for this opportunity. If your stepson wants to stay in Russia, he has the right to do so. It's his life. But if he wants to p*ss it away and abuse his Green Card in a way not intended, he has to walk this walk alone.

Basically, you are asking for advice on how and on how long he will be able to circumvent US immigration law. VJ's rules do explicitly prohibit members to give advice on that.

I don't wish to circumvent US immigration laws, but I see nothing wrong with using the Green Card "in a way not intended" provided nothing illegal is done. From the answers other people have given, I gather that he would have to spend six months out of every year here to keep his Green Card. That is probably more than he wants to do, but that gives us something to use for planning purposes.

My wife has a friend who does qualify for a tourist visa (50's, owns property) and after she had gone through the process 10 times, to visit her daughter in the US ten times, the Consul told her if she wanted to go to the US again, she would have to get a Green Card. So, I don't think we are doing anything shady by taking this route.

Her son has not applied for a Green Card because everyone we have spoken to has warned us that it would be a waste of time and money (over $1000 factoring in plane flight to Moscow and hotel stay). My wife has researched this on several Russian-language forums as well as this one. We have been told that once he is past 45 years of age (about 10 years from now), the rules will be relaxed and he may be able to get a Tourist Visa.

[Waitinggent 2]

I am far from expert in this, but my understanding is that he has to be in the USA at least 1 time every six months. Personally, I don't have a problem with what you are doing, but as others have posted, the green card will likely be revoked eventually when it becomes obvious that he is not really living here.

And unlike 1 poster, I am certainly not surprised that he prefers to continue to live in his native country rather than emigrate to the USA. I am sure that most Europeans would prefer to live where they are rather than emigrate to the USA and start life over at the bottom.

[SimranS 9]

I understand your problem entirely as it is a very common one faced by many people (including us) who never wanted to emigrate, but were also unable to get tourist visas to visit.

Let me offer you a perfectly easy solution: After he gets his green card he can simply go back to Russia and exchange his green card for a tourist visa. Once he's a permanent resident it won't be a problem getting a tourist visa because they'll believe he's not trying to emigrate. He will have to get a tourist visa appointment at the US embassy in Russia and when the interview begins, explain that he wants to abandon his LPR status, hand over the abandonment of residence form, and the officer will grant his tourist visa. This is the way it works in India and I'm sure the same thing will work in Russia. It's a perfectly legal way of accomplishing what you need. True, the time and money invested in getting the GC will be wasted but this is the best option given the circumstances you've described. It's better then using the GC as a tourist visa and having to constantly worry about revocation whenever you enter.

[RICARDO4EVA2 194]

I understand your problem entirely as it is a very common one faced by many people (including us) who never wanted to emigrate, but were also unable to get tourist visas to visit.

Let me offer you a perfectly easy solution: After he gets his green card he can simply go back to Russia and exchange his green card for a tourist visa. Once he's a permanent resident it won't be a problem getting a tourist visa because they'll believe he's not trying to emigrate. He will have to get a tourist visa appointment at the US embassy in Russia and when the interview begins, explain that he wants to abandon his LPR status, hand over the abandonment of residence form, and the officer will grant his tourist visa. This is the way it works in India and I'm sure the same thing will work in Russia. It's a perfectly legal way of accomplishing what you need. True, the time and money invested in getting the GC will be wasted but this is the best option given the circumstances you've described. It's better then using the GC as a tourist visa and having to constantly worry about revocation whenever you enter.

i like this... if is possible the end result will be reached.

[RiaTan 5]

he can bring his kid with him, allowed is derivative til 21 yrs of age...

I think the solution if possible is what simrans posted..