Questions for experienced GC Holders

[Indiaimmi]

Q1. Does an Immigrant (GC Holder) loose his status if he stays out of this country for some period of time?

Q2. If the above answer is yes, then what is this period of time?

Q3. Can a GC Holder sponsor his immediate relatives like parents, brother for their GC or only a citizen can do this?

Thanks in advance

-Indiaimmi

[grrs]

You need to be atleast 6 months in a year to keep your GC active.

A citizen only can sponsor his parents and not a GC holder.

[jetseta]

Grrs,

Now that you mentioned this fact that to "normally" maintain the GC i.e without any extra paperwork, one should not be outside the US for more than 6 months.

I wonder what happens if someone keeps on entering the US within the period of 6 months and just spending a few days in the US. So in a year it would look like he/she has entered the US twice BUT actually stayed in the US for 1 week!!!

Is this case consider illegal in the eyes of INS??

[Vikas]

I think if they (INS people at POE) see a pattern like this, then they may question about the true intentions - if you are making trips just to keep your GC "alive".

[vgpathy]

I know of a few elderly people with GCs,who were away for 11 months outside USA i(in India) and returned to USA recently without problems ..I do not know if the rules have recently changed to a max 6 months away from USA vs 1 year max..without reentry permit..
any clarifications on this is appreciated. thanks.

[vfpeter]

My POE was Atlanta. Here I was given a circular by the INS officer. It explained about the stamp in the passport and about getting SS card.

There was one paragraph in it about re-entry :
"IF, because of job,education or family reasons, you must be absent from your permanent resident, in the United States, for more than a year, you should apply for a "re-entry permit". You must apply for re-entry permit at the Immigration office having juridiction over the place where you reside in the United states.(YOU MUST APPLY FOR THE PERMIT OUTSIDE THE USA.) The permit is valid for two years."


Hope this answers all questions.


VFP

[vfpeter]

One more point ...

It also mentioned
"The immigration court has ruled that a brief visit to the United States every year, in the absence of any indication that the United States is the principal place of abode, does not constitute maintenance of a residence under the law."

VFP