Brought mom over to USA

[Tay123 4]

hello i am a USA Citizen, i applied for my mom IR5 visa, she is now here and recevied her green card in mail, it shows 10 year validity and not 2 year, is this normal? 

 

Pleae advise. 

[Mike E 11,739]

2 minutes ago, Tay123 said:

shows 10 year validity and not 2 year, is this normal

All IR visas  get a 10 year green card.

 

[Tay123 4]

19 minutes ago, Mike E said:

All IR visas  get a 10 year green card.

 

question, even a 10 year green card holder needs a travel permit if she will remain outside of the US for more than 6 months correct?

[Mike E 11,739]

16 minutes ago, Tay123 said:

question, even a 10 year green card holder needs a travel permit if she will remain outside of the US for more than 6 months correct?

More than 180 days, but otherwise that is correct.

 

The re-entry permit does not have to be in hand (and approval times take years).

 

Instead it suffices to leave the U.S. after the I-131 receipt is in hand. This receipt can be used to show CBP that the LPR did not intend to abandon LPR status.

 

If flying from south Asia back to the U.S., if the re-entry permit is not in hand, avoid south Asian carriers, as there have been reports some of these airlines will deny boarding if the LPR has been out more than 180 days.

Edited June 20, 2023 by Mike E

[jensenes19 0]

Found this on CBP website.  You only need a re-entry permit if you're leaving the country for more than a year.

 

[Mike E 11,739]

2 minutes ago, jensenes19 said:

Found this on CBP website.  You only need a re-entry permit if you're leaving the country for more than a year

https://help.cbp.gov/s/article/Article-1191?language=en_US
 

“LPRs who are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101.”

 

From 1101:

 

“(C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien-

(i) has abandoned or relinquished that status,

(ii) has been absent from the United States for a continuous period in excess of 180 days,”

 

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to General Immigration-Related Discussion -- OP's mom already entered the US ***

 

[Tay123 4]

21 hours ago, Mike E said:

More than 180 days, but otherwise that is correct.

 

The re-entry permit does not have to be in hand (and approval times take years).

 

Instead it suffices to leave the U.S. after the I-131 receipt is in hand. This receipt can be used to show CBP that the LPR did not intend to abandon LPR status.

 

If flying from south Asia back to the U.S., if the re-entry permit is not in hand, avoid south Asian carriers, as there have been reports some of these airlines will deny boarding if the LPR has been out more than 180 days.

 

 

question, if my mom leaves and is back before 180 days, say she comes back around 170 days, that is no issue correct? also, how long does she need to remain back in the USA before leaving for another 180 days, is it advised for them to stay here for like a month than go back? 

 

Please advise. 

[Crazy Cat 41,761]

2 minutes ago, Tay123 said:

 

 

question, if my mom leaves and is back before 180 days, say she comes back around 170 days, that is no issue correct? also, how long does she need to remain back in the USA before leaving for another 180 days, is it advised for them to stay here for like a month than go back? 

 

Please advise. 

 

Sooner or later, she could find herself in front of an immigration judge. 

[M+K IL 102]

2 minutes ago, Crazy Cat said:

 

Sooner or later, she could find herself in front of an immigration judge. 

Agreed. If someone spends most of their time outside the US, even though they come back within 6 months each time, it could be seen as having abandoned PR status by "moving to another country and living there permanently" unless you have a re-entry permit

https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence

 

See "Abandoning Permanent Resident Status"

[Tay123 4]

5 minutes ago, Crazy Cat said:

 

Sooner or later, she could find herself in front of an immigration judge. 

 

 

reason for this is her husband is overseas awaiting AP for his visa while she recevied it already. so she wants to be with him until he gets his Visa, re-entry permit is costly and time consuming. 

[Crazy Cat 41,761]

2 minutes ago, Tay123 said:

re-entry permit is costly and time consuming. 

An immigration attorney to represent her in court is a lot more so. 

Edited June 21, 2023 by Crazy Cat

[Lil bear 4,181]

4 minutes ago, Tay123 said:

 

 

reason for this is her husband is overseas awaiting AP for his visa while she recevied it already. so she wants to be with him until he gets his Visa, re-entry permit is costly and time consuming. 

This is not an uncommon situation. Reenty permit is costly .. but being presumed to have abandoned LPR status is a way bigger issue.. apply for the Reentry permit and stress way less about counting days and wondering if you are going to face tough questioning everytime you renter 

Edited June 21, 2023 by Lil bear

[Mike E 11,739]

24 minutes ago, Tay123 said:

 

 

question, if my mom leaves and is back before 180 days, say she comes back around 170 days, that is no issue correct?

Probably no issue.

 

LPR status is for living in the U.S.  

 

So  if

 

* she arrives on her IR-5,

 

* next day flies back to her country of origin

 

* 170 days later returns to the U.S. 

 

then do not be surprised if CBP asks her why isn’t she living in the U.S. 

 

Some on VJ claim there is a defacto rule that CBP grants new LPRs a 6 month pass to get their affairs in order. There is at least one counter example: 

 

 

I would not depend on this urban legend. 

 

 

 

 

Quote

 

also, how long does she need to remain back in the USA before leaving for another 180 days, is it advised for them to stay here for like a month than go back? 

LPR status is for living in America.

 

So when she enters the U.S. on her  IR5, if she plans to go on a trip for 170 days, she should not leave for that trip until she has 171 consecutive days of presence in the U.S.  iOW, before going a trip that lasts N days, stay in the U.S. for N+1 days.

 

If the goal is to  naturalize, experience on VJ is that one should be in the U.S. for twice as  long as one is away.

 

Her remedy is I-131 (re-entry permit).

 

11 minutes ago, Tay123 said:

re-entry permit is costly

Compared to flying back and forth every 170 days, it is not. Though apparently PIA offers cut rate deals so maybe it is cheaper to fly. But then again if I had an airline that refused to board LPRs I could afford to sell plane tix on the cheap. 😂

Quote

and time consuming. 

No it isn’t because it takes an hour to apply for it, and a 2 week wait for the receipt.

Edited June 21, 2023 by Mike E

[Tay123 4]

On 6/21/2023 at 11:03 AM, Mike E said:

Probably no issue.

 

LPR status is for living in the U.S.  

 

So  if

 

* she arrives on her IR-5,

 

* next day flies back to her country of origin

 

* 170 days later returns to the U.S. 

 

then do not be surprised if CBP asks her why isn’t she living in the U.S. 

 

Some on VJ claim there is a defacto rule that CBP grants new LPRs a 6 month pass to get their affairs in order. There is at least one counter example: 

 

 

I would not depend on this urban legend. 

 

 

 

 

LPR status is for living in America.

 

So when she enters the U.S. on her  IR5, if she plans to go on a trip for 170 days, she should not leave for that trip until she has 171 consecutive days of presence in the U.S.  iOW, before going a trip that lasts N days, stay in the U.S. for N+1 days.

 

If the goal is to  naturalize, experience on VJ is that one should be in the U.S. for twice as  long as one is away.

 

Her remedy is I-131 (re-entry permit).

 

Compared to flying back and forth every 170 days, it is not. Though apparently PIA offers cut rate deals so maybe it is cheaper to fly. But then again if I had an airline that refused to board LPRs I could afford to sell plane tix on the cheap. 😂

No it isn’t because it takes an hour to apply for it, and a 2 week wait for the receipt.

'

 

 

 

how long does it take from filing i131 and receiving the actual card typically, how long can she stay out of the country at one time with the 131 approved?