roydeepak Posted July 20, 2023 Report Share Posted July 20, 2023 My mom got her green card through employment sponsorship last year 2022 in August and 2 dependents myself (over age 18) and my dad immigrated to US along with my mom. However, my mom has been here for only for a few weeks since last year August and she is not planning to live in US because her mom is sick and she wants to spend time with her. So, my mom's time for the 1st year of green card is almost over next month august. My dad and I have fulfilled our 6 month requirement and are currently in US. If my mom loses her green card for not fulfilling her 6 month stay, does that mean me and my dad also lose our green cards? Quote Link to comment
JoeF Posted July 21, 2023 Report Share Posted July 21, 2023 No. Your GC is independent of hers. Quote Link to comment
newacct Posted July 21, 2023 Report Share Posted July 21, 2023 To answer your question, no, derivative beneficiaries do not lose their status because the principal beneficiary does (assuming it's not due to fraud in the immigration). But you should not assume that your mom will lose her permanent residency. There is no "6 month requirement". Abandonment of residence is a complicated determination based on many factors, not just length of absence alone. Green card holders who have not abandoned residence can enter the US with just their green card after an absence of up to 1 year. Or they can enter the US during the validity of a Re-entry Permit (which are issued for 2 years). Even if they return to the US after an absence of more than 1 year without a Re-entry Permit, the officer can still waive their failure to have an appropriate document and let them in, if the officer determines that they have not abandoned residence. Quote Link to comment
pontevecchio Posted July 21, 2023 Report Share Posted July 21, 2023 Since the basis was employment, nothing happens if she leaves as you both have the GC. Since the matter is important enough discuss the whole matter with a lawyer. Quote Link to comment
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