Stayed in India for 8 mths in 2012 and need to visit again in Dec

[webmatic]

We are GC holders. My wife went to India in Feb 2012 and returned on Oct 30th 2012 (approx 8 month stay). When entering US Immigration officer told her that her status could be revoked since she has stayed more than 6 months outside the country but allowed her to enter on her GC. he made note on passport over the entry date that she had stayed for 8 months.

Now she has to go to India in December 2012 for her brothers marriage so I wanted to know if it is safe for her to travel in December since she has already stayed for 8mths out of country in same year. Please post your opinion and experiences.

Thanks

[pontevecchio]

The year is immaterial. Each stay duration is material. This time make sure she returns in a couple of months.

[webmatic]

If you intend to stay abroad then surrender your GC.

She does not intend to stay abroad but just needs to visit India for her brothers wedding. She has already stayed in India for about 8 months in 2012 so wanted to know if it issafe for her to travel to India in 2012 again for a week.

[webmatic]

The year is immaterial. Each stay duration is material. This time make sure she returns in a couple of months.

Thanks for you reply. It sounds like it should not be an issue for her to go to India in December 2012 even though she has already stayed out of country for 8 months in 2012.

[catx]

Your sister should keep her visit to India in December as short as possible. The USCIS can interpret / deem that repeated travel outside the U.S., especially to one’s original home country, as abandonment of permanent residency (green card), and there are cases of this happening. (Even repeated short trips outside the U.S. on an ongoing basis to one’s original home country, whose cumulative total is a significant part of the year has also been interpreted as abandonment of permanent residency.) Remember permanent residency means exactly what it is called -- permanent physical residency in the U.S.

In the future, for any trips outside of the U.S. for more than a vacation or brief visit (e.g. longer than a month) one should apply for a 're-entry permit' (USCIS "Travel Document"), which must be filed for and approved before departing the U.S.

[pontevecchio]

There should be no problem. Make sure she never stays outside for more than 6 months in future.