Jump to content
Moon1982

How long can I visit my parents after I got the 2year GC?

 Share

5 posts in this topic

Recommended Posts

Filed: Citizen (pnd) Country: China
Timeline

Hi,

I have been staying in China for 4months, visiting my parents with my baby. I got my 2-year GC in May 2010.

What is the longest time that I can stay here? Will it be a problem in Removing Conditions on Residency that I stay here for 6 months?

Thank you so much!

Link to comment
Share on other sites

absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD

Abandoning Permanent Resident Status

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 United States for more than 1 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 United States may be considered, even if less than 1 year

Remain outside of the United States for more than 2 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 United States may be considered, even if less than 1 year

Fail to file income tax returns while living outside of the United States for any period

Declare yourself a “nonimmigrant” on your tax returns

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

USC

11/10/2007 married

12/17/2007 I-130 1-485 submitted

9/4/2008 AOS interview

1/29/2009 GC

12/15/2010 I-751 sent

5/7/2011 ROC approved

5/11/2011 email stating card production ordered

5/13/2011 approval letter received in mail

5/13/2011 GC sent to wrong address due to system error

5/16/2011 service request opened

5/16/2011 usps tracking number shows card undeliverable

6/13/2011 GC returned to VSC

6/15/2011 case status update shows card was mailed out to correct address

6/17/2011 GC received in mail

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

GC holders are expected to spend at least 50% of their time in the US. When you return to the US, CBP will ask you how long you have been away. If you have been out less than 6 months, they will basically wave you through, with very few questions asked. If you have been gone more than 6 months but less than a year, the officer will ask questions to confirm that you have maintained your primary residence in the US. If you have been gone more than a year, they will not let you back in unless you have a reentry permit.

If you can arrange to return before the 6 month mark, that would be best. Either way, once you come back, you should spend at least that long in the US before leaving again, to prevent CBP from forming the suspicion that you are really living abroad and merely visiting the US periodically. They can take away your GC if they decide that that is what's happening.

DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

Link to comment
Share on other sites

Filed: Other Timeline

. . . once you come back, you should spend at least that long in the US before leaving again, to prevent CBP from forming the suspicion that you are really living abroad and merely visiting the US periodically. They can take away your GC if they decide that that is what's happening.

Once you come back, having enjoyed a longer vacation than 99% of all people who have to work for a living could ever dream to have, you should plan on staying in the US for the rest of your residency. The "at least half of the time" is a slippery slope, a very slippery one. One good vacation a year is no problem, but if your absence from the US extends what even a multi-millionaire would consider a vacation, you have a problem if this becomes a more-than-one-time thing.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...