nanditakapoor

Hi,
I got my green card thru my daughter and i am in the US. I have two
questions--
1) I still want to spend more time in India--but want to keep green
card. So what is minimum time i need to remained in US in order to stay
being permanent resident??
2) My son who is 29 and divorced -- I want to apply for his green card
. is he going to considered unmarried??

Thank You in advance,
Nandita

Folinskyinla

Hi:

1) This is NOT a simple question. There is a lot of case law in this area -- and you don't give enough in the way of facts. As written, your question appears to be that I do not want to reside in the United States but I still want to keep my residence in the United States, how do I do this? Also, time is but ONE factor to be considered in the question. On the abandonment side of things, there is NO SET TIME. [Do NOT be confused by the "continuity" rules in the naturalization side of things].

You may want to consult with an attorney experienced in abandonment issues BEFORE taking this course of action. [BTW, most immigration attorneys are NOT experienced in this area -- ask about "Kane" and "Huang" and see if they know those cases].

2) Divorced is "unmarried."