Ariean Posted July 29, 2017 Report Share Posted July 29, 2017 Hello, My aunt is 75 years old and she got a family based green card four years back, during these 4 years once in a while she was travelling to India but stayed 6 months in a calendar in USA as per the guidelines or restrictions of travelling while holding green card. But last time CBP officer at port of entry questioned her and put a stamp on her passport saying she needs to get a travel permit before travelling, But I believe CBP officer is wrong as travel permit is required for re-entry only if she stays back in India for extended stay > 6 months or 1 years. Could you please let me know if my understanding is correct? what should be my aunt's course of action? Thank you. Link to comment
JoeF Posted July 29, 2017 Report Share Posted July 29, 2017 There is no such rule about staying 6 months in a calendar year in the US. The rule is that a Permanent Resident has to live in the US. All travel abroad has to be temporary in nature. And it never is about calendar year. So, your understanding is wrong. Again, an LPR has to live in the US. Living abroad and traveling once every couple of months to the US is not and has never been enough. Link to comment
pontevecchio Posted July 29, 2017 Report Share Posted July 29, 2017 Permanent residence means just that. A permanent residence here and any tax returns filed here every year on worldwide Income. It is not and has never been enough to stay here for 6 months and abroad for 6 months. If interested she can file for Naturalization once eligible and once she becomes a citizen they will not question her trips. Link to comment
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