GC in Jan12 leaving to India for higher studies

[vensi]

We got our GC in Jan12 and my daughter is planning to do her Medicine in India . She is planning to leave in July 2013.

She will be visiting us during the holidays may be couple of months every year. Will this affect her GC and citizenship.

[pontevecchio]

You should consult the firm of Murthy about getting her a re-entry permit for her studies.

[catx]

Yes, it could well affect her permanent residency (green card).

Permanent residency (green card) is specifically for physically residing in the U.S. permanently. There is a re-entry permit (USCIS "Travel Document"), which must be applied for, approved, and received before leaving the U.S. However even with a re-entry permit, the USCIS has seen / interpreted extended, regular or on-going periods outside the U.S. as abandoning permanent residency. Keep in mind is that the USCIS calls the re-entry permit a “Travel Document”, i.e. it is for travel, not for living outside the U.S. Going to medical school would likely to be considered living outside the U.S.

So if your daughter returns to India for medical school, there is a reasonable chance that she will lose her permanent residency (green card). If she wanted to return to the U.S. (e.g. after earning her degree), she would have to start and go through her own permanent residency (green card) process under a family and/or employment based category.

(Note: There are ‘for fee’ services to help with a re-entry permit (USCIS Travel Document), which will say that there is no problem. Use caution in relying on their information, as USCIS practice tells a different story.)

[pontevecchio]

Please talk to the firm of Murthy. It is absolutely possible to get a re-entry permit for this purpose..