Q & A March 14, 2004
Q & A 1
Dear Mr. Lee,
I have a relative who is a green card holder. Due to certain reasons,
he has not been able to stay in the U.S. for six months per year.
Last year, he received a one-time return to the U.S. permit. He
was told that if he did not return to the U.S. within certain time,
and if he did not stay for six months per year when he returned
to the U.S. the next time, his green card would be revoked.
We have heard some information that people in his situation may
be able to stay in the U.S. for shorter times but still retain the
green cards.
Question:
Is there any other way that my relative can hold his green card
but still stay in China longer than six months per year?
Chen
California
Dear reader:
The rules for retaining permanent residence in cases where the
green card holders choose not to remain in the U.S. for six months
of each year are many times confusing and much discretion is given
to immigration inspectors at the ports of entry. In general, a permanent
resident is supposed to reside in the States for at least six months
of every year. Each absence of six months or more is looked upon
as an opportunity for an immigration inspector to determine whether
the individual is maintaining residence status. Trips of under six
months are not looked upon as absences which can trigger a loss
of permanent residence unless there is such a pattern that the immigration
inspector believes that the individual is no longer residing in
the States. A permanent resident card allows reentry for absences
up to but not including one year in duration, and a reentry permit
allows reentry for up to but not including two years. However, reentry
under a permanent resident card or reentry permit within these time
limits is not guaranteed. A reentry permit does help in many instances
as its presence tells an immigration officer that the permit holder
informed the USCIS (U.S. Citizenship and Immigration Services) prior
to leaving the country that he/she contemplated a longer period
of stay overseas. Where individuals like your relative have received
warnings, they are on fair notice that they may lose their green
cards if they continue their pattern of living overseas. If your
relative insists on not complying with the warning, he would enter
the murky realm of questions such as who gave the warning -- the
consulate or embassy or CBP (U.S. Customs and Border Protection)
inspector? If the warning was notated on computers? Whether one
CBP Inspector looks more friendly than another on subsequent reentries?
If your relative is willing to attempt to defend his permanent residence
status before an immigration court or will he just surrender his
card if challenged at the port of entry? I note your reference in
your letter that you have heard some people in his situation may
be able to stay in the U.S. for shorter periods of time, but still
retain green card status. We have seen many who are able to do so,
but there is always a chance that they will have a problem re-entering
the U.S.. I believe that your relative should remain in the U.S.
for six months upon his return to comply with the warning. Afterwards,
if he wishes to stay overseas for longer periods of time and if
he has not already exhausted the period of time granted for reentry
permits, he should apply for such, remember to pay his taxes on
his worldwide income, and keep all ties and bonds with the U.S.
during his absences such as memberships in organizations, and the
keeping of property, real and personal, in the States.
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