Annual time in US for visa holders

[Whitey1944 0]

I researched this in various sources and couldn't find any info (maybe because it doesn't exist), but once an immigrant visa/green card has been granted, is there any requirement for amount of months to be spent in the US, e.g. six months out of every year, etc.?

Thanks for your help.

[ChrisJay11 31]

Once you’re a lawful permanente resident (entered the US with an immigrant visa like CR-1 or IR-1) or have you green card if oh adjusted status in the IS, you are required to stay in the US for the majority of the year. In practice, this is 6 months out of the year. If you’re out of the US for more than a year you’re at risk for losing your permanent residency status unless something happened beyond your control (medically emergency or otherwise). 

[geowrian 22,337]

Strict/fixed requirement, no. But the US must remain your place of permanent residence. Extended travel abroad can cause CBP to question that you have abandoned permanent residence. Generally, one should remain within the US for at least 6 out of 12 months per year.

Concurrent travel abroad in excess of 1 year has a presumption of abandoning permanent residence, which can be difficult to overcome.

If somebody needs to be abroad for an extended period of time, a re-entry permit should be acquired.

Edited July 10, 2018 by geowrian

[Roel 7,192]

24 minutes ago, Whitey1944 said:

I researched this in various sources and couldn't find any info (maybe because it doesn't exist), but once an immigrant visa/green card has been granted, is there any requirement for amount of months to be spent in the US, e.g. six months out of every year, etc.?

Thanks for your help.

Well, common sense - Legal residents of the US, need to keep their legal residency in the US...

 

If someone use their green card to "live" in the US only for few months every year, there is a BIG chance that eventually immigration officers will question that person and they will face the risk of loosing the green card.

 

If someone knows they will not live permanently in the US, then IMO they should NOT bother with acquiring green card.

Edited July 10, 2018 by Roel

[Going through 5,669]

40 minutes ago, geowrian said:

Strict/fixed requirement, no. But the US must remain your place of permanent residence. Extended travel abroad can cause CBP to question that you have abandoned permanent residence. Generally, one should remain within the US for at least 6 out of 12 months per year.

Concurrent travel abroad in excess of 1 year has a presumption of abandoning permanent residence, which can be difficult to overcome.

If somebody needs to be abroad for an extended period of time, a re-entry permit should be acquired.

To add to this---even shorter frequent trips abroad over the years can result in CBP questioning your intent as a green card holder as the rule/expectation is you will be permanently residing in the US (thereby spending the balance of your time in the States) and not using a green card as a sort of "glorified tourist visa".

 

I was sent to secondary questioning (when I was a LPR) after returning from a 60-day trip abroad.  Not necessarily because of the length of my trip, but more because they weren't keen on the fact that I'd traveled to my home country quite frequently over a 2 year period.  I've been sent to secondary questioning for several reasons in the past----but honestly that was the first time I was actually worried----and took that experience for what it was as a heavy warning.

 

TL:DR - Watch not just the amount of time you spend abroad, but also how frequently you travel abroad.

[Little_Vixen 1,869]

38 minutes ago, Roel said:

Well, common sense - Legal residents of the US, need to keep their legal residency in the US...

 

Since when does CBP/USCIS use common sense?

 

Anyway, back on topic.

I can understand the question. There's plenty of people who love to travel. It's not uncommon for someone to take months off of work to travel to India, Nepal, Myanmar or Australia, New Zealand, Papua New Guinea. That doesn't mean they want to give up residency.

Just imagine a couple that has met on their world travels and would like to celebrate their anniversary by taking a trip to the place they met all those years ago. They have the time and the means to do so, why restrict them from doing what they love. Their home is still the United States.

I understand most of us don't have the means to do this, but just because we cant doesn't mean someone else shouldn't be able to.

 

 

 

 

Edited July 10, 2018 by Little_Vixen

[Roel 7,192]

15 minutes ago, Little_Vixen said:

Since when does CBP/USCIS use common sense?

 

Anyway, back on topic.

I can understand the question. There's plenty of people who love to travel. It's not uncommon for someone to take months off of work to travel to India, Nepal, Myanmar or Australia, New Zealand, Papua New Guinea. That doesn't mean they want to give up residency.

Just imagine a couple that has met on their world travels and would like to celebrate their anniversary by taking a trip to the place they met all those years ago. They have the time and the means to do so, why restrict them from doing what they love. Their home is still the United States.

I understand most of us don't have the means to do this, but just because we cant doesn't mean someone else shouldn't be able to.

 

 

 

 

 

Well, unfortunately there are rights and responsibilities (and restriction!) of the green card holder. If someone have issues with that, they should rethink their choice to become US legal resident. It's US (or USCIS ) law and they can come up with whatever they want and no one is "forced" to move to the US at the end. 

 

We can argue about it, discuss what we wish we could do, but rules are clear - must maintain residency.  If someone wants to feel "safe" when traveling abroad for a longer period, have them apply for a re-entry permit.

 

If someone wants to frequently travel back and forth between US and their home country, they should hold on until they receive their US residency. Nothing stops them then.

 

edit: Before someone comes here and tell me I'm unsympathetic (again!) - My husband soon leaves on a longer mission and I wish I could spend that time in my home country with my family instead of being alone. But I know the rules and I'm not going to mess up my immigration history and potentially add issues to future naturalization. Sometimes you just gotta suck it up.

Edited July 10, 2018 by Roel

[pushbrk 12,569]

Study the original "source" and you'll see it's not as simple as you would hope.  Essentially "live" in the USA more than not and don't leave for a year without coming back.

 

It is always a judgment call on each entry.

 

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

[Whitey1944 0]

Excellent information from all of you.

Thank you so much and I will take everything under consideration.

 

Best to you all.

[pushbrk 12,569]

59 minutes ago, Whitey1944 said:

Excellent information from all of you.

Thank you so much and I will take everything under consideration.

 

Best to you all.

It's fine to take everything under consideration but it is critical you throw out any "information" that conflicts with anything you read from the official link I gave you.

[Whitey1944 0]

Will do.

Cheers.

 

[SusieQQQ 11,586]

6 hours ago, Little_Vixen said:

Since when does CBP/USCIS use common sense?

 

Anyway, back on topic.

I can understand the question. There's plenty of people who love to travel. It's not uncommon for someone to take months off of work to travel to India, Nepal, Myanmar or Australia, New Zealand, Papua New Guinea. That doesn't mean they want to give up residency.

Just imagine a couple that has met on their world travels and would like to celebrate their anniversary by taking a trip to the place they met all those years ago. They have the time and the means to do so, why restrict them from doing what they love. Their home is still the United States.

I understand most of us don't have the means to do this, but just because we cant doesn't mean someone else shouldn't be able to.

 

 

 

 

It’s quite easy to show that you’ve just been traveling if that’s what you have been doing, and in that case there should be no issue at all showing that the US remains your principal residence.

But many immigrants go back and spend months a year in their old home country, living there for months at a time, in a private house they or a relative own, sometimes working, sometimes using public health care etc - this is where the concept of “residence” becomes a bigger issue.

Edited July 10, 2018 by SusieQQQ

[Teemo 252]

9 hours ago, geowrian said:

Strict/fixed requirement, no. But the US must remain your place of permanent residence. Extended travel abroad can cause CBP to question that you have abandoned permanent residence. Generally, one should remain within the US for at least 6 out of 12 months per year.

Concurrent travel abroad in excess of 1 year has a presumption of abandoning permanent residence, which can be difficult to overcome.

If somebody needs to be abroad for an extended period of time, a re-entry permit should be acquired.

Per year? I thought it was over any 12 month period. 

[geowrian 22,337]

Just now, Teemo said:

Per year? I thought it was over any 12 month period. 

Correct. I meant year time-wise, not calendar year.

[Daisy.Chain 317]

If you become a citizen you can come and go as you please!