jay_1623 Posted March 28, 2014 Report Share Posted March 28, 2014 My Parents got green card in March 2012. In order for them to apply for the citizenship the law states that they have to be a permanent residence for past 5 years without leaving the united states for trips of 6 months or longer with physical presence of 30 months in 5 years. So now my question is let say if they continuously stay in US for 30 months after they get a green-card. This satisfy the criteria of physical presence of 30 months in last 5 years. Now if they leave the US on any particular day and stay in India for 5 months and then come back to US and stay in US for 10 days and then again travels back to India after staying in US for 10 days. So even if they satisfy 30 months of physical presence in last 5 years, will this kind of action cause any delay in becoming eligible for citizenship after 5 years of their getting greencard? Below is their travel plan. So they got green card on 3/26/2012 and the question is if they follow below travel schedule then will they become eligible for citizenship on 3/25/2017? Date of Entry in USA Date of Exit Days in USA Days outside USA 3/26/2012 9/29/2012 187 175 3/23/2013 9/28/2013 189 149 2/24/2014 7/15/2014 141 170 1/1/2015 1/15/2015 14 174 7/8/2015 3/25/2017 626 Link to comment
JoeF Posted March 28, 2014 Report Share Posted March 28, 2014 That would most likely be abandonment of the GC. A Permanent Resident has to live in the US. Living abroad and just traveling once in the while to the US is not going to work. It is called "Permanent Residence" for a reason. Link to comment
jay_1623 Posted March 28, 2014 Author Report Share Posted March 28, 2014 Corrected format is as below, Date of Entry Date of Exit Days in USA Days outside USA in USA 3/26/2012 9/29/2012 187 175 3/23/2013 9/28/2013 189 149 2/24/2014 7/15/2014 141 170 1/1/2015 1/15/2015 14 174 7/8/2015 3/25/2017 626 Link to comment
t75 Posted March 28, 2014 Report Share Posted March 28, 2014 They are supposed to be LIVING in the US. They obviously are intending to live in India and visit thge US. Why do they want US coitizenshgip if they do not want to live in the US. Oh - they want the financial BENEFITS while intending to fraudulently state they have been living in the US. TEKLL THEM TO EITHER LIVE IN THE US LIKE THEY ARE SUPPOSED TO BE DOING OR GIVE UP THEIR GC. You should be ashamed of yourself for publishing your apparent approval of their intent knowing that they are supposed to be LIVING in the US. Their plan should get their GC revoked for cause. VISITING the US in order to keep a GC is NOT ACCEPTABLE. Link to comment
jay_1623 Posted March 29, 2014 Author Report Share Posted March 29, 2014 I feel sorry for you as you guys do not know the background of all this. Let me explain. I have no intentions of fraudulently getting financial benefits. My parents got their green card through my maternal aunt who filed for their green card in 2001. I was left as I was aged out. When my parents got their green card I was on H1B Visa. My H1B 6 year limit is expiring on September 11, 2014. And my company has not been able to file the green card for me. So my employer is sending me to India for 14 months and will call me back on another visa after 14 months. So I will be leaving the country before September. Now They are currently living with me in NewYork. But since I will be leaving US they will not be able to survive without me. They do not drive the car and have few medical conditions. I can arrange their stay in USA for a 1 month max while I am in India. Ofcourse they can stay at relative's place but not more than a month. Because of their being old (75 years and 64 years old respectively, they need me to stay with them only). That is the reason I am thinking to arrange their travel like this. Now if you get my point and understood the intentions then for god's sake please answer this in a proper manner. Thanks Link to comment
GcLLC Posted April 13, 2014 Report Share Posted April 13, 2014 Corrected format is as below, Date of Entry Date of Exit Days in USA Days outside USA in USA 3/26/2012 9/29/2012 187 175 3/23/2013 9/28/2013 189 149 2/24/2014 7/15/2014 141 170 1/1/2015 1/15/2015 14 174 7/8/2015 3/25/2017 626 At this point, they are not technically violating the rule, but are cutting it really close. Give the firm of Murthy a call and discuss the case with them. Link to comment
t75 Posted April 14, 2014 Report Share Posted April 14, 2014 Since they intend to reside with you outside the US, they have no need for either a GC or US citizenship. Since they intend to reside in India, they should renounce their GC. Otherwise they have to pay taxes on their world wide income.(or are they ignoring that rule too). Link to comment
jay_1623 Posted April 18, 2014 Author Report Share Posted April 18, 2014 Since they intend to reside with you outside the US, they have no need for either a GC or US citizenship. Since they intend to reside in India, they should renounce their GC. Otherwise they have to pay taxes on their world wide income.(or are they ignoring that rule too). It appears to that the member t75 is not understanding the issue and providing completely biased comments. I have clearly mentioned that I will be coming back after 14 months still he is making bogus statements and not understanding the issue. With the presumption of not getting any better help from murthy forums and lost hopes, I have already contacted other lawyer. So please close this topic. Thanks Jay Link to comment
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