My mother got green card recently ...

[minglevi 0]

My mother recently got green card but she is travelling back to India and not sure when she would come back...

I recently found that any length of absence can be considered abandoned ....unless you apply for reentry permit but

we have less than a month before she is flying back so I guess it would be waste of time and money ..if we apply for reentry permit correct?

also if she returns within a year is that enough to maintain green card?

[Boiler 45,467]

What is she doing to maintain residency, House, Car, Job presumably not.

[NigeriaorBust 4,087]

She must show a continued pattern of spending more than half her time in the US, file US income taxes

[Boiler 45,467]

Health Insurance would be evidence and is required now..

[Hypnos 6,576]

In general terms, LPRs can remain outside the US for up to six months without issue; for trips of between six and twelve months they may need to show CBP proof that they have maintained their residency once they attempt re-entry (maintained a US mailbox, residence, paid federal income taxes, etc.), and trips of between twelve and twenty-four months require the alien to have a re-entry permit, plus they may need to show the same proof of non-abandonment.

If you apply now for a re-entry permit then there's a good chance she may receive the biometrics appointment before her departure, although if she has valid biometrics on-file she may not need them captured again. You could then mail her the re-entry permit once it showed up in the mail.

Honestly though, a green card is for living in the US. If someone isn't living in the US then they aren't entitled to a green card. If she permanently moves back to India, her residency is abandoned.

Edited February 12, 2014 by Hypnos

[Cathi 5,746]

You stated she just received her green card, is already going back to India and she plans to spend most of her time there. Seems she got a green card more for visiting the US and not for living here. A green card is not supposed to be used to live here, not for visiting. That's what a tourist visa is for.

[KayDeeCee 4,893]

Maintaining Permanent Residency > http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

~ Moved from AOS from Family Based Visas to Working & Traveling During US Immigration - topic about traveling for extended period of time, not AOS process ~

[minglevi 0]

In general terms, LPRs can remain outside the US for up to six months without issue; for trips of between six and twelve months they may need to show CBP proof that they have maintained their residency once they attempt re-entry (maintained a US mailbox, residence, paid federal income taxes, etc.), and trips of between twelve and twenty-four months require the alien to have a re-entry permit, plus they may need to show the same proof of non-abandonment.

If you apply now for a re-entry permit then there's a good chance she may receive the bio metrics appointment before her departure, although if she has valid biometrics on-file she may not need them captured again. You could then mail her the re-entry permit once it showed up in the mail.

Honestly though, a green card is for living in the US. If someone isn't living in the US then they aren't entitled to a green card. If she permanently moves back to India, her residency is abandoned.

If we apply for re-entry permit and they find that she needs a bio metric appointment ....and before her appointment date she has to fly back...

what happens in that situation? paid fees will be lost?

USCIS says that we have to apply before 60 days of intended departure but we received her green card couple of days ago ...so how can we apply? and her return flight is on March 5th ....so do you think her reentry permit process will be complete before that?

also is there any similar process she can do after she arrives in India and petition from there?

For those who are concerned about Green card purpose and advised accordingly.....for your information...she has her business back in India and not sure how long its going to take to wind up everything there before she can permanently stay in USA...

[Boiler 45,467]

That last bit is actually a valid reason.

[Hypnos 6,576]

If she has a biometrics appointment and doesn't go then yes, the fee will be forfeited and you won't receive the re-entry permit.

[minglevi 0]

If she has a biometrics appointment and doesn't go then yes, the fee will be forfeited and you won't receive the re-entry permit.

That is my concern ..its more likely than not that she will not get biometrics appointment before March 5th 2014

even if we submit application today...so most likely we will loose all money...and energy...

what is the other option if any?

[Hypnos 6,576]

Delaying her flight to India seems the only possible option.

Is it really going to take over a year to wind up her affairs there?

[minglevi 0]

Delaying her flight to India seems the only possible option.

Is it really going to take over a year to wind up her affairs there?

Thanks...

There is nothing she can do after she goes to India.

[Boiler 45,467]

So why bother?