What a green card holder can and cannot do

[Ghani1992 0]

Hi everyone. My mother got her immigrant visa and is soon travelling to the United States where she will collect her green card. Is it a problem if my mother buys a return airline ticket or must she buy a one-way airline ticket? (round trip tickets are less expensive).

My mother wants to leave the united states two months after reaching there. Is this allowed?

[tasakchy 9]

A return airline ticket should be fine. If she gets her green card within two months then it should be fine. Although its currently taking up to 90 days to receive it. Also, if she stays longer than six months then she'll be hassled by immigration officers at the airport since the GC indicates permanent residency.

Edited July 29, 2015 by tasakchy

[lmatos1978 14]

Does she plan on living in the States at all? Cause as far as I know the Green card is issue for someone to live in the USA and if you don't you will end up losing status and they would take your green card away.

[Boiler 45,519]

She can go back on the next flight but I thought the idea was to mover here and file a waiver for your father?

[ChicagoSarah 127]

Hi everyone. My mother got her immigrant visa and is soon travelling to the United States where she will collect her green card. Is it a problem if my mother buys a return airline ticket or must she buy a one-way airline ticket? (round trip tickets are less expensive).

My mother wants to leave the united states two months after reaching there. Is this allowed?

I assume she's just leaving for a short visit? If she gets her green card and moves back, that defeats the purpose.

A round-trip ticket should be fine. She can also enter and cancel the return portion once here.

[Ghani1992 0]

Thanks everyone for the replies. My mother wants to file the unlawful presence waiver for my father asap and then come back while the waiver is being processed and then go back to the u.s when my dad gets his immigrant visa.

So the immigration officer at the airport border won't have any issue if he sees that my mom bought a return ticket? I was led to believe that you must stay in the u.s for at least 6 months when you first receive your green card and then you can leave the country for a little bit. is this true?

[Dave&Roza 748]

Thanks everyone for the replies. My mother wants to file the unlawful presence waiver for my father asap and then come back while the waiver is being processed and then go back to the u.s when my dad gets his immigrant visa.

So the immigration officer at the airport border won't have any issue if he sees that my mom bought a return ticket? I was led to believe that you must stay in the u.s for at least 6 months when you first receive your green card and then you can leave the country for a little bit. is this true?

As a GC holder she must spend more time in the US than outside the US. Otherwise she risks loosing her LPR status. She can leave on the next flight after activating her visa and having it endorsed to be a GC. However, she should return to the US before 6 months are up to avoid and problems with CBP. She can remain outside the US for up to a year without a re-entry permit, but she must have ties to the US otherwise the CBP may have her appear before an immigration judge to determine if she has abandoned her LPR status. More than 1 year outside the US and a re-entry permit is required and must be applied for and received before leaving the US. More than 2 years and the GC hold is considered to have abandoned their LPR status and it is very hard if not impossible to return to the US.

Just remember that the GC is for living in the US.

Dave

[Boiler 45,519]

Have you discussed this with your waiver lawyer?

[Ghani1992 0]

thanks for the information Dave&Roza. Boiler very briefly so far.

[karachiite 4]

round trip ticket should not be a problem,

but she has to wait to receive her social security card and green card in mail, who knows how long it can take , it can be between 30 to 90 days.

as soon she gets her physical green card in hand, try to establish her residence proof in US, like get her state ID or DL,

open her bank account.

then she can go back and come back before 1 year, if she stays out of US more than 1 yearr ,its called abandonment of US residence ,and her green card will be cancelled, she will be denied entry to US.

if she wants to stay out of US for more than 1 year ,apply for Advance Parole/ travelling document ,cost around $500 to file, with travelling document she can live outside US more than 1 year but still has to come back before 2 years . I hope it helps, I have first hand experience, my mother also goes out of US to visit my brother in DUBAI.

[Ghani1992 0]

thanks for the advice karachiite