Maintaining US Permanent Residency Status

[manimani 2]

hi, my parents recently received their green card. I wanted to clarify on how long they need to stay in the US to maintain their green card. On the letter that was received along with the green card, it states it if they are going to be outside US for more than a year then they need to apply for a reentry permit. However, it does not specify how long they need to stay in the US before exiting. 

 

So it is clear that 1) Need to visit once every year to maintain their green card status 2) How about the duration of the stay ? 

 

Thanks.

[milimelo 4,477]

Umm, if they want to visit only should have gotten a tourist visa. A green card is for living and working in the US. 

[SusieQQQ 11,586]

28 minutes ago, manimani said:

hi, my parents recently received their green card. I wanted to clarify on how long they need to stay in the US to maintain their green card. On the letter that was received along with the green card, it states it if they are going to be outside US for more than a year then they need to apply for a reentry permit. However, it does not specify how long they need to stay in the US before exiting. 

 

So it is clear that 1) Need to visit once every year to maintain their green card status 2) How about the duration of the stay ? 

 

Thanks.

“Visiting” once a year is fine as long as the visit is say … a little over  6 months. It’s not as simple as touching down, they have to be resident in the US to maintain residency. 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/international-travel-as-a-permanent-resident

If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

 

[Mike E 11,739]

Legally, the majority of their time should be spent in the USA. 
 

So stay away for X days, return to the USA for at least X+1 days.  X should never exceed 180. If it does, and an officer asks how long the LPR was out of the USA, a secondary inspection is likely.  For sufficiently high values of X,  I’ve read about CBP advising LPRs to not leave the USA again until they naturalize.  
 

In normal times, i think the maximum X should be 150 days. With Covid, 90 days to deal with the possibility of being stranded as governments are using  the pandemic to erode human rights to mobility.  
 

 

[SteveInBostonI130 3,434]

3 hours ago, manimani said:

hi, my parents recently received their green card. I wanted to clarify on how long they need to stay in the US to maintain their green card. On the letter that was received along with the green card, it states it if they are going to be outside US for more than a year then they need to apply for a reentry permit. However, it does not specify how long they need to stay in the US before exiting. 

 

So it is clear that 1) Need to visit once every year to maintain their green card status 2) How about the duration of the stay ? 

 

Thanks.

Filing a re-entry permit for 1 long trip for over a year may be fine, but CBP will question them about their residency.  Multiple long trips, or a very long stay outside the US, may lead to CBP deeming your parents have abandoned their LPR and have them sign an I-407 or be sent to immigration court.

 

There is a poster here the other day that spoke about the above situation.  He had a re-entry permit but stayed away longer than planned due to some factors.  When he tried to return, CBP made him sign an I-407, he lost his permanent resident status, and he was denied entry.

[manimani 2]

Thanks for all the replies. So the take away is at least 6months + few days should be spent in the US every year to maintain the residency. 

 

Also, is there a stamp which the officer will add on their passport when leaving the country ? i presume that when they are exiting they will show their home country passport + green card and the officer will stamp the passport with the exit date or do they enter in system only ? My parents are getting older so wanted to make sure that i can explain to them the procedure which they can expect.

Edited October 10, 2021 by manimani

[mushroomspore 3,044]

18 minutes ago, manimani said:

Thanks for all the replies. So the take away is at least 6months + few days should be spent in the US every year to maintain the residency. 

 

Also, is there a stamp which the officer will add on their passport when leaving the country ? i presume that when they are exiting they will show their home country passport + green card and the officer will stamp the passport with the exit date or do they enter in system only ? My parents are getting older so wanted to make sure that i can explain to them the procedure which they can expect.

USA doesn't do exit stamps in passports; they record in their computer system only. The general rule of thumb is to try to avoid absences longer than 6 months. Anything over 12 months (while lacking a re-entry permit) will certainly put you in a bad spot with CBP. But be aware that just because your absence is less than 12 months, that does not mean that CBP will not question you about it and your residency intentions. If a CBP agent is suspicious, they will question you. They absolutely can tell if someone's trying to do "touchdown" entries to reset their time inside the USA. A green card is meant for permanent residents, not to be used as a glorified tourist visa. Be wise about how your parents handle this.

[Mike E 11,739]

29 minutes ago, manimani said:

 

 

Also, is there a stamp which the officer will add on their passport when leaving the country ?

In hundreds of travels from the USA I can count on one hand the number of times US border officers checked passports of outgoing travelers.  In no case did I ever witness an interview exit stamp.  
 

Quote

 

i presume that when they are exiting they will show their home country passport + green card and the officer will stamp the passport with the exit date or do they enter in system only ?

When they enter the USA they just need to present their green card.  They should get global entry. 
 

Some CBP officers will demand their passport too.  Some will even stamp it but I’ve found you can ask them not to.  

Edited October 10, 2021 by Mike E

[jskibo 588]

Keep in mind as permanent as permanent residents they are required to file taxes based on any income they earn anywhere in the world. 

[Crazy Cat 41,845]

16 hours ago, manimani said:

Thanks for all the replies. So the take away is at least 6months + few days should be spent in the US every year to maintain the residency. 

It isn't that simple.  There are other factors such as tax filing, etc.