badr51182

Hi,

I have a question in regards to my greecard validity.

After getting my GC last November , i travelled outside the US and will be back after 10 month. The reason is I am still waiting for my kids to get done with their Immigration visa so we can move all together.

If after 10 month I entered to the USA for 1 month than traveled back to my country for 3-4 month so the kids will be able to move with me, will there be any prblem in my Greencard or at the port of entery.

I would like to keep my Green card and trying to avoid any troubles. knowing that after entering with the kids that will be the complete move.

any recomendations?

Thanks

Alex

S Folinsky

OP poses excellent questions. The mother cases are Kane and Huang. As a general rule, most questions such as OP's can be answered by examination of those cases. For some reason, although it was issued in 1975, Kane has not seeped into the consciousness of the immigrant community. However, rest assured that the negative aspects of that case are well known to the minions of the dark forces.

civilservant

Then I would return to the US immediately and stay there to wait for your children - what you are proposing might turn out ok, or you might be deemed to have abandoned your status. If which case your children will be waiting for you to get another Immigrant Visa, if you qualify.

Pulaski

If you left the US shortly after activating you green card, the validity of it is at risk (only) six months after you left. In other words, it might already be too late, and it is assumed you have abandoned your PR status.

S Folinsky

Uh, that is why I posted Huang. In Huang, the IJ found that Mrs. Huang had never established LPR in the first place. That part was overruled.

Pulaski

So potentially worse than the "worse case scenario"?

Pulaski

So potentially worse than the "worse case scenario"?

Guindalf

TWICE as bad, obviously!

superkruz

While the comments already made are all valid and there is always a risk of abandonment, it needs to be said that people get away with much more than what he is hoping to achieve.

I know of an individual who has a green card, who lives in Europe, and for reasons that are unclear to me wants to keep her green card - in an effort to do this she visits family in the US once a year for about 2 weeks. I don't know what she tells them at the airport, but it seems to work, as she has been doing this for close on 10 years (most recent trip was last month)!! When I compare OP's suggested course of action to this I tend to feel that his plan will most probably work as he hopes it would although there is no guarantee.

sir_eccles

As with a lot of other things like frequent visits on vwp, it works until it doesn't. For your friend's sake I hope she isn't doing anything fraudulent.

Pulaski

I know of someone who has been pulling the same stunt for 17 years! (Could be 18 years by now because it was last autumn that I heard about him.) ..... I don't know him personally, or his exact circumstances, but has been charging his employer with a trip to the US once a year whether or not he has a valid business purpose. He has for all intents and purposes been living in Argentina all the time.

superkruz

In my opinion this is true for 100% of everything, not just VWP visits et al.

I was not suggesting that his plan is without risk - The point I was trying to make is simply that there are people pushing this envelope much more than OP intends to and they "get away with it". Based on that, and nothing more, it is not impossible that he could "get away with" his less than ideal scheme too.

Sally Redux

The problem is that he has more riding on it than someone just trying to keep up a green card when they live somewhere else. He's going to feel a bit of a chump if he gets his kids all ready to move and then loses his own residency.

S Folinsky

One of the more interesting abandonment cases is Yakou v United States. I am amused because it is usually the government alleging abandonment and the non-citizen contesting that. This case was just the opposite.

md95065

Amusing, perhaps, but not exactly surprising - government agencies are just as likely as private parties to attempt to use the law to their benefit and to argue the side of the case that bests suits their purpose.