Green card stay requirements

[yulechka42 2]

Hi All,

Just wondering if someone can clarify to me the rules on how long/often my mother in law needs to stay in US in order to not jeopardize the green card. She came over in August and is living in March. Do I count 6 months from March as the maximum she can be out of US and by her a ticket for September?

Thank you!

[apple21 953]

She has to stay inside the US longer than abroad.

[Boiler 45,513]

You can google maintaining permanent residency.

Why does she want to be gone for so long?

[Dave&Roza 748]

Hi All,

Just wondering if someone can clarify to me the rules on how long/often my mother in law needs to stay in US in order to not jeopardize the green card. She came over in August and is living in March. Do I count 6 months from March as the maximum she can be out of US and by her a ticket for September?

Thank you!

The rule of thumb is that single trips of less than 6 months are not an issue. Multiple short trips begin to be an issue if the time in the US is less than time outside the US--within any 365 day period. Trips of 6 months to 1 year do fall under more scrunity, but typically are not a problem. Trips of more that one year require a re-entry permit and the LPR must continue to maintain their residence or ties to the US. Trips of more than 2 years and the LPR has adandoned their GC. Only under very special conditions can you re-enter the US after being gone for more than 2 years--very, very, very unlikily. See the USCIS website.

You might also see if and when she wants to become a USC as long trips outside the US interrupts the continous residency requirement for citizenship and can affect when the LPR can file for USC. It is up to the CBP office when she arrives back in the US. Typically they will issue a very stern warning when they allow the LPR to re-enter the US. Fail to heed that warning and the next trip may result in being issued a summons to appear before an IJ to plea their case to remain a LPR or have the GC revoked.

Dave

Edited February 3, 2015 by Dave&Roza

[yulechka42 2]

Thank you for the answers. I will then stay on a safe side and get her tickets back in 5.5 months.

To answer the question about why she has to go - she has two more sons and is not ready to permanently move here yet.

[Boiler 45,513]

GC means she has permanently moved.

[aaron2020 11,651]

Look into getting her a Re-Entry permit.

As long as she maintain her ties to the US, she can spend up to 2 years outside the U.S. without the time counted against her.

[OKflyboy 35]

My mother can only stay in the US a few weeks at a time until my 8-year-old disabled brother gets his visa. He has no other relatives there. She got a re-entry permit. She was here in Sept-Oct and is coming back for the month of April, after that probably October or November. Re-entry permit ( and a serious reason) should take care of that.

[Boiler 45,513]

I seem to remember a long thread on this subject and you know you are playing with fire.

[OKflyboy 35]

I seem to remember a long thread on this subject and you know you are playing with fire.

If you mean me, then do tell me how to avoid that.