geeen card

[srg123]

Hello every body

my brother and his wife are green card holders.they went back to india in march 2001.did not get returning resident permit prior to leaving usa.are planning to come back this april 2002.does any body think this is going to be a problem.is it better to come back prior to march 2002 to avoid complications.

any input and suggestions would be appreciated.

thanks

[abu lafya]

They must return immediately prior to 1 year or they will lose their GC.

[kirank]

I 2nd that...

ask them to board immediately....else ..u know what

[JoeF]

Absolutely

I normally don't post "me too" posts, but in this case...
If a Permanent Resident stays abroad for over 1 year without a reentry permit, that person loses the GC.
So they should make sure that they come back before the year is over.

[srg123]

green card

thanks everybody for the advice.they are planning to return before one year is up which would be on march 26th.they are planning to come back on march 19th.to give a few more details my brother has come back to usa for a couple of weeks in between but his wife has not and they plan to come back together on march 19th.
do you all feel that it is cutting it a bit too close.also is there any benifit in retaining an attorney who knows about the case in case they have a problem at the point of entry.

thanks again.

[JoeF]

Re: green card

They could in fact face questioning. Even if they come back before the year is over, they are seeking admission to the US, and the INS officers at the POE may ask them to provide evidence that they did not abandon their residence in the US.
Contrary to popular myth, the fact that somebody is coming back within 1 year is not necessarily enough to keep the GC. A Permanent Resident has to keep his or her place of residence in the US at all times. That's why it is called "Permanent Residence".
So if a person stays abroad for over 180 days, the INS officers may ask to provide evidence that the person still resides in the US.

-JoeF