Help !! Parents have Green Card but want to stay in India for 2 Years

[palanvinod]

Hi,

My Parents have Green Card but want to stay in India for 2 Years, will they lose the green card and have problem in coming back. Right now they go for 6 months and comeback.

Thanks

Vinod

[JoeF]

A Permanent Resident has to live in the US. It is called "Permanent Residence" for a reason.

All trips abroad have to be temporary in nature.

It is not and has never been enough to just come to the US once in a while.

[goodness123]

to the best of my knowledge , You have to apply for re-entry permit only if one have plans to stay out of the country for more that 1 year.

Infact technically one are fine to re- enter till about 11 months and 29 days with out effecting your GC status in anyway.

The immiration officer cannot stop you from entering back to to US if you enter before 11 months and 29 days , they might question you but they cant stop you .

[BigJoe5]

to the best of my knowledge , You have to apply for re-entry permit only if one have plans to stay out of the country for more that 1 year.

Infact technically one are fine to re- enter till about 11 months and 29 days with out effecting your GC status in anyway.

The immiration officer cannot stop you from entering back to to US if you enter before 11 months and 29 days , they might question you but they cant stop you .

Please read INA Sec. 101(a)(13) which tells you that an LPR is not "seeking admission" UNLESS certain circumstances apply. Two of those circumstances apply to the OP's parents. They may be vieweda as having "abndonded staus" or been absent "over 180 days (6 months)".

As was said, it is called "permanent residence" for a reason. A greencard for an elderly parent is NOT a substitute for a B-2 tourist visa.

[JoeF]

The immiration officer cannot stop you from entering back to to US if you enter before 11 months and 29 days , they might question you but they cant stop you .

Sure they can.

A reentry permit is not a guarantee.

See, e.g., http://www.murthy.com/2012/05/18/extended-travel-by-a-permanent-resident-2-of-2/

[pontevecchio]

Any stay more than 6 months abroad can result in a rebuttable assumption that the PR has been lost. Then one needs to provide evidence including tax returns etc as proof for consideration. Any stay less than 6 months is OK if a one or two time thing and not a pattern. Any stay more than one year is interpreted as loss of PR. The OP would do well to discuss any issues and solutions with an Immigration Lawyer