N400 Filing-274 days outside US in 5 years

[Jorge V 195]

2 hours ago, CheeseMonstah said:

I've always wondered how people can stay >180 days out of the country if they truly are residents. I struggle to take a 2 week break to travel, to me the concept of claiming to be a resident and staying 300 days out of the country is quite foreign...

There are many situations where this might be possible. Both my wife and I are software developers and work remotely. We've taken long trips to different countries while continuing to work, and staying abroad for 180+ days wouldn't really be much of a problem for us.

 

There are also people who are retired or are not employed. Also, in many countries older parents rely on their children to care for them in times of need. It's not uncommon to see an immigrant go back to their home country for many months/years to care for ailing parents.

[Amadia 711]

36 minutes ago, WeGuyGal said:

I've seen some instances of Indian nationals playing the numbers game and pushing the envelope. Many have 5.5 month visits to the US on B2 visas, or lengthy ~179-day (or longer) trips to India as GC holders. Akin to using the green card as a sort of super tourist visa. 

This is true.

What struck me as crazy was the length of time OP said his mom was outside the USA.....274 is the equivalent of 9 months. Like, why "use" the US as a vacation destination with your gc while staying/working in your home country. In that case, a tourist visa would be ideal and cheaper!

Many people misinterpret the immigrant visa granting them permission to live and work lawfully in the USA. It makes me angry when I see this opportunity being taken advantage of by some, while others who genuinely want to be here with their loved ones get turned down.

[SusieQQQ 11,587]

2 hours ago, Jorge V said:

There are many situations where this might be possible. Both my wife and I are software developers and work remotely. We've taken long trips to different countries while continuing to work, and staying abroad for 180+ days wouldn't really be much of a problem for us.

 

There are also people who are retired or are not employed. 

Indeed, for looking at residence, there is obviously a big difference between 6 months out the US clearly traveling/vacationing each year (yes, some people are lucky enough to be able to do this), and 6 months out the US staying in the same house with the same relatives in one’s original home country each year.

[SusieQQQ 11,587]

42 minutes ago, love_my_wife said:

 

 Why should anyone not want to travel and live whereever he or she wants irrespective of having a greencard or not. 

Um, because one of the requirements of keeping a green card is to be resident in the US? Sure live wherever you want, but you can’t expect to keep your green card then.

[geowrian 22,337]

4 minutes ago, love_my_wife said:

The discussion here is not on that lines! You are going off topic! There discussion was never about expecting to keep green card or not! It is about long term absences outside US! You lose your greencard status only if you are out of US for more than a year. If you are out for less than 1 year,  then it may or may not be a problem. Since OP's mother has not been outside of US for more than a year, she is still in status legally!

The potential issue is she is pushing her luck with the 2 extended stays abroad in the past. I am not judging....but the OP should be aware that it could become an issue if the pattern continues.

It's not the OP's question, but it is relevant advice as a result of it.

[SusieQQQ 11,587]

1 hour ago, love_my_wife said:

The discussion here is not on that lines! You are going off topic! There discussion was never about expecting to keep green card or not! It is about long term absences outside US! You lose your greencard status only if you are out of US for more than a year. If you are out for less than 1 year,  then it may or may not be a problem. Since OP's mother has not been outside of US for more than a year, she is still in status legally!

You made a false statement, I corrected it. That was the entire extent of my post. So if anyone went off topic it was you - all I did was clarify that the statement you made was not valid.

 

Now - I need to correct you again - because by your last sentence, you seem to be under the mistaken impression that the only thing looked at in determining whether or not you keep a green card is that absences are less than a year. This is incorrect and I suggest you might want to re-read uscis guidance on maintaining permanent residency if you don’t understand why, 

 

By the way, if you feel people are going off topic (is it your topic?) there’s a “report” button at the top of each post. I don’t believe non-mod posters here have the right to dictate to others what they may and may not post - see terms of service.

Edited August 24, 2018 by SusieQQQ

[Ryan H 3,818]

***Derailing posts removed; do not belabor inaccurate points any further or appropriate action will be taken.***

[WeGuyGal 1,052]

5 hours ago, love_my_wife said:

This forum is not for moral policing. Let's stick to answering questions asked by the OP instead of judging people on what they do or don't. Nothing that the OP's mother doing is illegal. If she is doing anything wrong, let the law enforcement or USCIS do the needful! USA stands for freedom. Why should anyone not want to travel and live whereever he or she wants irrespective of having a greencard or not. She isn't doing anything illegal and has went through proper petition and processing as per law!

While I agree with the rest of your post, the bolded above is factually incorrect. 

 

As another member pointed out, US green card holders are expected to live in the US and spend the majority of their time in the US as their place of permanent residence. Nothing moral policing about that fact. OP's mom, or any other US permanent resident for that matter, should maintain the US as their home. Of course CBP is the final arbitrator when any LPR seeks admission into the US after a lengthy >180-day trip outside the US. 

[TBoneTX 45,591]

Two posts have been removed for belaboring a matter of bickering.  Knock it off NOW.

[Amadia 711]

On 8/23/2018 at 4:29 PM, love_my_wife said:

The moment she is out of the country for more than 6 months (183 days I guess), it is presumed that she has abandoned her continuous residence

^^^ Your post.

 

19 hours ago, love_my_wife said:

Nothing that the OP's mother doing is illegal.

^^^ This was NOT implied!

 

22 hours ago, Amadia said:

Many people misinterpret the immigrant visa granting them permission to live and work lawfully in the USA.

^^^ I generalized my statement and did not target the OP's mother.

 

 

So, unless someone died and made you king/queen of the VJers, don't try to 'morally police' me or any other member on here for posting on a public forum. There are moderators who can advise us if we have gone astray of the actual question asked.....which no member HAS gone astray but simply offered advice and future possibilities.