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Attorney_22

Green Card and Extended Travel Abroad

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This week, Murthy Law Firm attorneys will answer questions regarding extended travel abroad after receiving your green card.  

Rules for Topic of the Week Threads:

  1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
  2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
  3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
  4. Please do not provide information which would identify any specific company, university or individual.
     

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Q1. Will it be an issue/problem if a green Card holder (GC through H1B, employer based) avails Public benefits like Medicaid and/or unemployment benefits ?

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Parents who received family-based green card. How long can they travel back to home country for, during a year? Thank you! 

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Hi, Can someone who get Green Card through Employer via. H1B do "work from home" abroad for the same employer for 6 months (approx.) in India (or their native country) and 6 months (approx.) at the employer location? Making sure they are not staying abroad for more than 6 months  and by doing this for 5 years or More. so that they can eventually apply for citizenship after 5 years of getting their GC date.

Thanks a lot,

Edited by okkiran

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If a green card holder is on re-entry permit but ends up spending substantial time in US, will that time period be considered towards the completion of 31 months

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13 hours ago, NYC2016 said:

Parents who received family-based green card. How long can they travel back to home country for, during a year? Thank you! 

I'm not a lawyer

A green card requires living in the US among other obligations. LPRs need to spend a majority of their time in the US, and may take short trips outside. And fyi, their new home country would be the US, irrespective of their passport. How anyone receives their green card family- or employment- based, is irrelevant. The rule applies to all LPRs equally. 

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On 2/28/2019 at 11:00 PM, Spur said:

Q1. Will it be an issue/problem if a green Card holder (GC through H1B, employer based) avails Public benefits like Medicaid and/or unemployment benefits ?

Medicaid is not generally considered a public benefit that would make an individual inadmissible. However, you can find more information detailed in the fact sheet on the USCIS website: https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet

 

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On 2/28/2019 at 8:00 PM, Spur said:

Q1. Will it be an issue/problem if a green Card holder (GC through H1B, employer based) avails Public benefits like Medicaid and/or unemployment benefits ?

There is a proposed rule (not final) on the public charge ground of inadmissibility that would consider use of Medicaid if received after the effective date of the final rule. Green card holders are mostly not affected by this, as green card holders are not usually considered to be seeking admission even if they return from abroad. However, there are several cases in which a returning green card holder would be considered to be seeking admission, including if they spent at least 180 days abroad, or committed certain crimes (the proposed rule mentions this), in which case they could be denied entry for public charge if they've used Medicaid, or if they are very old or young, or have low income, or if any of the other factors considered by this rule applies. So a green card holder should be careful about spending more than 180 days abroad after this rule takes effect if any negative factors in this rule could apply to them.

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On 3/1/2019 at 10:59 AM, okkiran said:

Hi, Can someone who get Green Card through Employer via. H1B do "work from home" abroad for the same employer for 6 months (approx.) in India (or their native country) and 6 months (approx.) at the employer location? Making sure they are not staying abroad for more than 6 months  and by doing this for 5 years or More. so that they can eventually apply for citizenship after 5 years of getting their GC date.

Thanks a lot,

There are potential issues with this proposed plan and it is best to speak to your immigration attorney directly about it. 

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On 3/1/2019 at 4:24 PM, NYC2016 said:

If a green card holder is on re-entry permit but ends up spending substantial time in US, will that time period be considered towards the completion of 31 months

If you are referring to the physical presence requirements for naturalization, possessing a re-entry permit does not change the analysis. However, you should discuss the specifics of your time out of the U.S. directly with a U.S. immigration attorney to explore any potential issues. 

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