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Moving home country after GC

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Posted by jsuniti (1) 12 Jan 2018#1
Dear All

I received Green Card on October 2017. I wanted to move to my home country for few years.

Is there any restriction to be in USA to maintain the GC validity? I heard that we need to keep visiting USA after certain time to keep the GC.

Can someone please advise or shared their views?

Thanks
Abhay
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Posted by asaxenaexp (1204) 12 Jan 2018#2
to jsuniti:

As a GC holder, you need to maintain permanent residence in USA.However,

1) 0 to < 6 months stay out of the country,should not be a problem.
2) 6 to 1 year stay ,will result in Cancellation of your GC.Please apply for rentry permit,if you intend this action.This will allow you to return
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Posted by thereislight (458) 12 Jan 2018#3
to jsuniti:


You need to return to US once a year to maintain GC, else it will be abandonment and you will be on probation for future GC renewal.

Alternatively, you need to apply for re-entry permit prior to leaving US..

https://help.cbp.gov/app/answers/detail/a_id/820...
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Posted by asaxenaexp (1204) 12 Jan 2018#4
to asaxenaexp:

Corrections


1) 0 to < 6 months stay out of the country,should not be a problem.
2) 6 months to 1 year stay .You will be taken for secondary inspection . Please apply for rentry permit as to display your intent to come back. They can question your intent to make USA as your home.
3) > 1 year .Please apply for rentry permit as to display your intent to come back .Without rentry permit, they will revoke your GC

Hope this helps
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Posted by isitfair (35) 12 Jan 2018#5
to jsuniti:

If the CBP officer notices that you are coming to US just for few days to maintain your GC and don't have intention to stay permanently in US, they can deny your entry into US.
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Posted by bloggerkid (47) 12 Jan 2018#6
to thereislight:

"....You need to return to US once a year.." can be perceived/interpreted by the CBP officer as the GC holders of NO intentions to make US home for the very reason why the GC was approved...

You need to return to US, as it is your HOME..Not the otherway around...

Just my thoughts. With the new sheriff in town, my understanding is that any stay beyond 3 months can easily prompt for additional questioning..Which can be easily handled, but not worth going through that experience.
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Posted by CppDeveloper (478) 12 Jan 2018#7
to jsuniti:

Apply reentry permit which is valid for 2 years. One of our friend moved to India after GC and renewed once. Thus, he stayed 4 years, 2nd renewal not approved and returned back to US for good. Actually he went India to take care of his lonely father (Mom passed away long back). Denial of 2nd renewal and his father passed away both happened at the same time. So he returned US for good.
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Posted by APgirl (92) 12 Jan 2018#8
to jsuniti:

Please keep us posted
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Posted by APgirl (92) 12 Jan 2018#9
to asaxenaexp:

How long it takes to get a re-entry permit?
If is similar to AP, then probably 6 months +
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Posted by gcchaida (5) 12 Jan 2018#10
Can US Citizen who went thru naturalization process post GC move out to another country for longer periods?
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Posted by asaxenaexp (1204) 12 Jan 2018#11
to gcchaida:

US Citizen has no limitations.
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Posted by metalheaddude (1015) 12 Jan 2018#12
Keep in mind that the applying for Re-entry Permit (I-131) has to be done while you are still on US soil. And you cannot leave until the fingerprinting is done. Once done with biometrics, you can ask someone in the US to forward you the re-entry permit once it arrives in mail. But that's require you to use a friend's or a family member's address or have someone checking on your mail if you own a house here.

If you are a citizen of Canada or Mexico, then there is another option called Commuter GC. For that you'll have to file an I-90 or request it at the border on the way back to convert the regular GC to a commuter one. However, the commuter GC also requires you to be present in the US for 6 months minimum or show that you have had a US job for at least 90 days each year. Plus a commuter GC disqualifies you for naturalization until you convert it back to a regular GC and accumulate 5 years on it.
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Posted by bkulkarn (397) 12 Jan 2018#13
to asaxenaexp:

Yes. Recently my friend applied for citizenship after staying on green card for 8 years. There is wait time of one year currently to get US citizenship after applying as many people applied after Trump became president as they feared even on green card there would be severe restrictions. It is long journey to citizenship now. Someone posted about an individual who had to go back to take care of his old father. Such circumstances are challenging and I don't think it's worthwhile to wait for long period for citizenship staying away from parents in their last days especially if you are only child to take care of them. Again this is personal perspective but joy of getting green card or citizenship lasts only for short time compared to missing your parents after they pass away.
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Posted by srivatsan (150) 12 Jan 2018#14
to jsuniti:

Like most others mentioned continuous residence is one thing(this is the most important - not being out of country for more than 6 months at a time) and your intent to stay is another (being employed here, owning and paying mortgage etc - these will strengthen your case should you be outside for more than 3-4 months for an emergency so as to prove that you have strong ties with US). If you want to apply for citizenship at a later point it is mandatory you show that you've resided in the US for at least 30 months (actually it's 913 days or more to be precise) in the last 5 years. If you had applied for a re-entry permit and was outside for more than a year the 5 year clock begins all over again even if your GC is still valid! (in this case I think you may apply after 4 years I'm not entirely sure on this part). For staying outside of US for extended periods of time it's best you do that after applying for citizenship.
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