How to Request to Postpone a Minimum Six Month Stay in the U.S. for a new GC Holder
Dec 22nd 2002, 6:52 am
#1
Guest
Posts: n/a
How to Request to Postpone a Minimum Six Month Stay in the U.S. for a new GC Holder
Hi,
My mother just has recently got a green card this year. She is now
away from the U.S. As required by law (if I am not mistaken), she will
have to stay at least 6 months a year in the U.S. However, she has
had an urgent issue to take care of back in her origin country. She
will not be able to come back and stay for six months in the year
2003. She will be able to stay only three months at most.
I would like to know
1. Is it possible to request for a shorter stay or not entering the
U.S. at all for the year 2003. If it is not possible, what are the
alternatives for her to maintain her green card status with the
minimum stay less than six months.
2. What are the processes of requesting such a postponement (what
forms to use or who to contact)?
Your advices will be much appreciated.
Best Regards,
Ted
My mother just has recently got a green card this year. She is now
away from the U.S. As required by law (if I am not mistaken), she will
have to stay at least 6 months a year in the U.S. However, she has
had an urgent issue to take care of back in her origin country. She
will not be able to come back and stay for six months in the year
2003. She will be able to stay only three months at most.
I would like to know
1. Is it possible to request for a shorter stay or not entering the
U.S. at all for the year 2003. If it is not possible, what are the
alternatives for her to maintain her green card status with the
minimum stay less than six months.
2. What are the processes of requesting such a postponement (what
forms to use or who to contact)?
Your advices will be much appreciated.
Best Regards,
Ted
Dec 23rd 2002, 10:56 am
#2
Guest
Posts: n/a
Re: How to Request to Postpone a Minimum Six Month Stay in the U.S. for a new GC Holder
On Sat, 21 Dec 2002 23:52:12 +0000, nooted wrote:
> Hi,
>
> My mother just has recently got a green card this year. She is now
> away from the U.S. As required by law (if I am not mistaken), she will
> have to stay at least 6 months a year in the U.S.
You are mistaken. The actual rule is that she must not abandon her US
residence. There are three key time limits:
- if her absence is less than six months, INS will usually assume that he
maintained her residence unless there is evidence to the contrary (for
instance, if there were several such trips in the past, or of she drove a
moving van across the border to Canada).
- if her absence is less than a year but more than six months, INS may
assume that she abandoned her residence, but she can show them that she
kept it. Also, if she wants to apply for US citizenship, the five-year
clock would start from scratch after her return.
- if her absence is more than one year, her Green Card is automatically
revoked unless she has a reentry permit.
- if she has a reentry permit, she usually can stay out of the US for up
to two years.
But the real key point is that she must have a US residence - a home to
return to, a bank account with activity, and all that.
> However, she has had an urgent issue to take care of back in her origin country. She
> will not be able to come back and stay for six months in the year
> 2003. She will be able to stay only three months at most.
As long as she has a US residence, not a problem.
> I would like to know
> 1. Is it possible to request for a shorter stay or not entering the
> U.S. at all for the year 2003. If it is not possible, what are the
> alternatives for her to maintain her green card status with the
> minimum stay less than six months.
Apply for a reentry permit.
> 2. What are the processes of requesting such a postponement (what
> forms to use or who to contact)?
Form I-131, to be filed with the INS service center that has jurisdiction.
It needs to be filed before she leaves the US, but she can leave before it
is approved.
Ingo
> Hi,
>
> My mother just has recently got a green card this year. She is now
> away from the U.S. As required by law (if I am not mistaken), she will
> have to stay at least 6 months a year in the U.S.
You are mistaken. The actual rule is that she must not abandon her US
residence. There are three key time limits:
- if her absence is less than six months, INS will usually assume that he
maintained her residence unless there is evidence to the contrary (for
instance, if there were several such trips in the past, or of she drove a
moving van across the border to Canada).
- if her absence is less than a year but more than six months, INS may
assume that she abandoned her residence, but she can show them that she
kept it. Also, if she wants to apply for US citizenship, the five-year
clock would start from scratch after her return.
- if her absence is more than one year, her Green Card is automatically
revoked unless she has a reentry permit.
- if she has a reentry permit, she usually can stay out of the US for up
to two years.
But the real key point is that she must have a US residence - a home to
return to, a bank account with activity, and all that.
> However, she has had an urgent issue to take care of back in her origin country. She
> will not be able to come back and stay for six months in the year
> 2003. She will be able to stay only three months at most.
As long as she has a US residence, not a problem.
> I would like to know
> 1. Is it possible to request for a shorter stay or not entering the
> U.S. at all for the year 2003. If it is not possible, what are the
> alternatives for her to maintain her green card status with the
> minimum stay less than six months.
Apply for a reentry permit.
> 2. What are the processes of requesting such a postponement (what
> forms to use or who to contact)?
Form I-131, to be filed with the INS service center that has jurisdiction.
It needs to be filed before she leaves the US, but she can leave before it
is approved.
Ingo
