After port of entry on IV how long before leaving USA

[Ind42 0]

Hi,

My father entered on immigrant visa but the insurace we thought we would get is not available so he wants to go back to india. how long does he have to stay after port of entry and how long can he stay outside before coming to USA.

thanks

[bsd058 296]

Hi,

My father entered on immigrant visa but the insurace we thought we would get is not available so he wants to go back to india. how long does he have to stay after port of entry and how long can he stay outside before coming to USA.

thanks

He can leave whenever he feels like it. It's not called the land of the free for nothing. Coming back? But he doesn't want to stay in the US. Could you explain more, please?

[Ind42 0]

Its not about liking to stay in USA or not. He had a heart attack with a stent. We were counting on a insurance which I thought he would be eligible as I was talking to the plan administrator. But now we will not get it and I cannot find insurance for him which will cover preexisiting conditions. If something happens, I will not be able to afford the health costs. It is cheaper in India and he can get care if he falls sick. So we want to wait until some time to get the physical card and leave. The come back in less than a year around Oct if he is in good shape. If not I as his son will move to take care of him. America is scary with health costs and it is less scary in India as the cost of treatment is less than 10th than here. He has been here for 10 days so I would like to know what are the requirements. How long can he stay and how long can he stay outside.

[TimeTravel 78]

Its not about liking to stay in USA or not. He had a heart attack with a stent. We were counting on a insurance which I thought he would be eligible as I was talking to the plan administrator. But now we will not get it and I cannot find insurance for him which will cover preexisiting conditions. If something happens, I will not be able to afford the health costs. It is cheaper in India and he can get care if he falls sick. So we want to wait until some time to get the physical card and leave. The come back in less than a year around Oct if he is in good shape. If not I as his son will move to take care of him. America is scary with health costs and it is less scary in India as the cost of treatment is less than 10th than here. He has been here for 10 days so I would like to know what are the requirements. How long can he stay and how long can he stay outside.

He can leave anytime. If his stay extends longer, then he may consider to apply for re-entry permit.

Reentry Permit if Planing to Stay Abroad for Extended Period of Time

As a green card holder you may travel abroad multiple times and re-enter the US, as long as you do not intend to stay abroad for 1 year or more, however leaving the U.S. for more than 6 months may already cause suspicious of your intent to abandon your residency. Your travel out of the U.S. must be temporary and you must be able to prove that you didn’t intent to abandon your Legal Permanent Residence. If a green card holder stay outside of the U.S. for 1 year or more or if an immigration officer finds out that the green card holder is living out of the U.S. permanently (except for some exceptions cited below) then he may ask the green card holder to give up his U.S. green card and legal residency, and the green card holder may be found inadmissible and denied reentry into the U.S. If a non-citizen resident needs to be out of the country for a long period of time it is recommended to apply for a re-entry permit, before leaving the U.S., to avoid risking losing your immigration status. Not being able to prove your temporary stay abroad may result in losing your green card. To learn more about how to show proof of your temporary stay abroad order this guide now.

Exceptions apply for people temporarily living abroad because they or their immediate relatives work with the United States armed forces abroad, or are civilian employees of the U.S. Government stationed out of the country due to official orders. In those type of cases, the spouse or child of the government or armed forces employee must not have relinquished residence, and be preceding or accompanying the member or employee, or be following to join the member or employee in the USA within a few months of his return.