MapleSauce

Hi all,

I'm currently waiting on my Canadian immigration, but this question pertains to my parents. I was looking for some information from someone who has knowledge of immigration processes.

My parents have Green Cards which allows them to legally reside in the US. They have had their Green Cards since Mar 2008.

The dilemma is that due to them trying to tie up property and final job serverances, they have not been able to reside continously in the USA. They last were in the USA from Feb to May this year, and have since now come back to London.

Is there a timeframe in which you can be away whilst a legal alien? If they are away for say till next March, will their residency be in threat for not showing an attempt to seriously settle, even though there are mitigating circumstances, as described above?

I thank you all for your time in reading this, and apologies for my lack of knowledge in the US immigration process.

MS.

S Folinsky

This is a good question which is often used in Law School Examinations for immigration law courses.

Rete

Residency can be lost with a single day outside of the US. It is advised by attorneys (I have seen this reported in the New York Daily News Column written by an immigration attorney, A. Wernick, who is a friend of an attorney who responded to you above that anyone who is outside of the US, or knows they will be outside of the US, for six weeks or longer (most others recommend six months or longer) apply for a re-entry permit via form I-131 while they inside of the US.

It is difficult to believe that severing your employment will take over two years to accomplish. Have they left anything in the US that would prove that they have maintained their residency in the US?

A I

Magic Answer....It depends....

Generally, if you spend more time in a year in the states than out, you are considered to be residing here. (One way USCIS uses to tell where you live is by checking where you spend your time. The place you spend most time is generally presumed to be where you live.) If you spend less than 6 months per year out of the country, you are generally considered safe, as long as you also maintain a residence in the US (Which you probably would do if you spent 6 months+ in the country anyway)

Having said this. they have been out for a while now. Where did they stay when they were here?

Would they be comfortable proving they indeed live in the US, and have a home, etc that ties them here ?

They can probably return without issues, but they are already pushing the limits in my humble uninformed opinion.

If they would like to retain their green card, I'd suggest addressing this ASAP, perhaps by consultation with Competent immigration attorney to go over the current evidence they posses to prove their GC status, and how to present themselves most favorably on their return to avoid any issues.

crg

Reentry permits are for being out of then US as an LPR for more than one year, but less than two years. They don't insulate someone from being accused of abandoning their US residence, but are better than nothing. This is especially true if they are planning to come back over but can't due to an emergency. If they stay out for more than a year without the permit, they are supposed to have a special returning resident visa to come back.

When they travel, they should be prepared to prove that their place of general abode is the US or at the very least prove as many ties as possible or demonstrate the steps they are taking to move in. The border guards (some of them) understand that it takes some time for someone to uproot and get established but their patience is not infinite. You won't get a solid answer on this topic because it's a judgment call.

scrubbedexpat099

It has been a very long time since I did exams, but in my recollection they gave you the relevant information to make a reasonable answer. With some other bits thrown in to confuse.

We seem to miss the relevant info many times or its like pulling teeth.

MapleSauce

Thanks all for your help on answering this question.

I guess the issue relates to a company going back on voluntary redundancy promises, and thereby my father losing out on £40,000 for 29 years service if he just quit and went to the USA.

They have a house in Texas, so i guess this is showing 'some' ties to the USA, not matter how small that may be.

Looks like they're walking the tightrope.

Thanks all.

MS.

scrubbedexpat099

So they have had their Green Cards for over 2 years but have yet to take up residency?

MapleSauce

They have lived there for probably 10 months out of the last two years.

They have had some news overnight, so it looks like they are going to finally settle from next month.

Thanks all for your valuable input.

MS.

A I

That's good news.

My 2 cents, (And I promise I won't go at it again)

Although it may seem like money down the toilet, I bet even a phone consultation with an experienced immigration lawyer may help them explain what they may experience on returning, and may help them prepare some evidence, in case they need it, to make their entry back to the states more "pleasant" in case they run into a very inquisitive agent.

crg

I'd bet down money that they won't have a problem and I don't gamble. They only received the card 2 years ago, been in the US for 10 months during that time, own a house in the US, and haven't been out for more than a year.

IMHO Nobody will want to waste a judges time when there are thousands of people arriving having never moved in, never bought a home, they spend a week per year in the US and traveling on a round trip ticket terminating foreign.