Rete

It is not merely dependent on the length of time spend out of the US but where her residency is. She could be gone for one day and be found to have abandoned her US residency. As Rene mentioned if she is planning to remain outside of the US for 6 months or more than apply before she leaves for a re-entry permit via form I-131. She need not wait for it to be issued. It can come to her daughter's mailbox and daughter can forward to her. However, she needs to show, if asked at the POE after traveling, that she has not abandoned her US residency. That could be an active lease, active bank accounts, utility bills, etc.

Cb

She could certainly have a bank account here (and how many nanoseconds
after that will she receive 0% credit card offers? <grin>), but she'd
be living with us, probably permanently, so she'd be unlikely to have
utility bills, etc., but I suppose she'd be like all Americans,
receiving tons of junk mail in no time. Does that count? :^)

She does still own an apt. in her previous country, but has not lived
in it for a couple of years (rents it out). Perhaps it's wise if she
gives that up soon.

- CB

Cb

WRT the one-way ticket, I was thinking less about the cost and more
about the "orientation". If she's a permanent resident then all
subsequent tickets should be originating from the U.S. not the old
country as this one is. So, at some point, she buys just a one-way
ticket to here to get "in phase".

meauxna

The burden is on *her* to show that the US is her primary residence. There is a lot of misunderstanding 'out there' on what one needs to do to maintain their PR. Many poeple have stuck to the 'visit once every 12 months' plan which worked, for a time. Things are different these days, however.

I don't think junk mail, or ownership of foreign real estate say much at all, either way

meauxna

Do what's convenient for you, however you define it. If I could buy tix overseas and get a better deal, I would not hesitate to have my PR husband use them. At some point it does become easier to buy them all here, because we're going to different places instead of just one.
I've never heard of the ticket origination having an impact on one's immigration case.

fatbrit

She might, however, consider the tax implications of selling before and after becoming a permanent resident. In the US, she might become liable to capital gains tax if she sells after landing.

Rete

If it is a country that has a tax treaty in place with the US than anything under $80,000 is okay as long as tax is paid in that country. As long as the residence is not her place of residency and is rented then that becomes a moot point in immigration court.

For the OP, there are other means of showing residency here in the US. A car registered in her name, a car loan, etc. The re-entry permit is good for two years (if asked for that amount of time) and is renewable. Her circumstances for being outside of the US are a factor in her favor but only as long as she can show her continued residency here in the US if asked.

fatbrit

Er...it's actually slightly more complicated than your explanation! She could only claim the $80k if she were not resident, BUT this would most probably be incompatible with her US permanent resident status. Therefore, there may not be a first-80k write off. She could certainly be liable for profit from rental income, though this may indeed be mitigated by a tax treaty. She definitely opens herself up to US capital gains tax and may not be able to take the exclusion since the property is not her principal residence.

It has nothing to do with her immigration status whatsoever, but the OP should investigate whether she will be liable to US capital gains if his/her mother were to sell the property after she had taken permanent resident status in the US. It is a common problem faced by expats taking residence in the US.

scrubbedexpat099

Bumf from USCIS site:

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.
* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
* Fail to file income tax returns while living outside of the US for any period.
* Declare yourself a “nonimmigrant” on your tax returns.

It is easier to say what you could do to lose it than what you can do to keep it.