Jump to content
vishal.p

Green car holder and staying outside US quesiton

By vishal.p in General Immigration-Related Discussion

 Share

7 posts in this topic

Recommended Posts

vishal.p Contributor

vishal.p   1

Posted
Filed: Country: India
 Timeline
Posted

Hello VJ,

My father who is a green holder is currently living in U.S with me. He will be going back to India. I know he has to come back within 1 year. I want to see if there is an option to extend his stay over year or more. He basically wants to maintain his legal green card holder status and come back and visit.

Link to comment
Share on other sites
Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

The green card is for living in the US and is not to be used as a sort of "permanent" visitor's visa.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Link to comment
Share on other sites
arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

He can file for a reentry permit and then leave only after getting approval to be able to return after a 1 year trip. He should expect to be questioned from immigration officer during return at POE though.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Link to comment
Share on other sites
Dave&Roza Experienced

Dave&Roza   748

Posted
Filed: Lift. Cond. (apr) Country: Kazakhstan
 Timeline
Posted

Hello VJ,

My father who is a green holder is currently living in U.S with me. He will be going back to India. I know he has to come back within 1 year. I want to see if there is an option to extend his stay over year or more. He basically wants to maintain his legal green card holder status and come back and visit.

The problem I see is you are using the word "visit". As stated above, the GC is for LIVING in the US, not as a tourist visa to visit. Now if your father has a legitimate reason for being outside the US for more than 1 year, but less than 2 years, he can apply for a re-entry permit and after it is issued, he can leave. Returning is a whole different matter. The CBP will examine his GC, re-entry permit, and ask him a lot of questions. If they do not like the answers, he may be asked to surrender his GC. Do not let him do that. Have the CBP detain him and go before an immigration judge (IJ). There he will plead his case that he is still a resident of the US. Proof is that he maintained a residence, paid taxes while in India, had no intentions of becoming a resident of another country, took no benefits that only a resident of another country can receive, etc. Just remember that only an IJ can revoke his GC.

He does realize that this resets his clock of becoming a USC? If he is close to being eligible to become a USC, he should become a citizen, then the amount of time outside the US is a nonissue.

Dave

Link to comment
Share on other sites
KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

. He basically wants to maintain his legal green card holder status and come back and visit.

Easy.. give up the green card and apply for a B2 visa to visit.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Link to comment
Share on other sites
akihon Proficient

akihon   129

Posted
Filed: Citizen (apr) Timeline
Posted (edited)

He does realize that this resets his clock of becoming a USC? If he is close to being eligible to become a USC, he should become a citizen, then the amount of time outside the US is a nonissue.

It would be good to note that India does not recognize/allow dual citizenship, and per law, upon voluntary acquisition of a foreign citizenship, automatically retracts his Indian one, whether he formally renounces it or not.

Edited by akihon

Adjustment of Status from H-1B, Family-Based
07/26/2012 - 10/18/2012: 85 Days from Application Received to GC Received.
Removal of Conditions
07/22/2014 - 11/14/2014: 116 Days from Application Received to GC Received.
Naturalization
02/03/2016 - 05/31/2016 : 119 Days from Application Received to Oath Ceremony.

I am a United States citizen!

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
 Share
Go to topic listing
- 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...