Abandoing Green Card and implications

[schandru]

Hi,

My wife and me have received 10 months back employment based green card. For family reasons, we want to shift back to India for next 3 to 4 years. I may still continue to do work from home as an option; but, that is not critical for me. What options do we have for moving to India for next 3 to 4 years?

i) I understand that we can obtain permission to stay abroad temporarily by applying for I-131. What are the constraints in this type of application?

ii) Can we abandon GC for now and seek family based GC (through my son who will become US citizen by 2017) at a future date?

iii) If we abandon GC, at a future date, if there is any family function in the US, can we get tourist visa at that time? Or, we will be denied tourist visa, citing proven 'immigration intent'

iv) How does USCIS decide /determine that we have abandoned GC and how will they inform us? Suppose, we stay back in India for one year continuously now, will USCIS tell us that our GC has been cancelled?

These are some questions on which you may provide clarifications not only for me but also for the benefit of huge number of followers of this forum.

Thanking you in advance.

S.Chandrasekaran

[omshiv]

dont try to fool USCIS....forget about GC if you want to stay back in AP!!!

[nineballs]

dont try to fool USCIS....forget about GC if you want to stay back in AP!!!

fool USCIS? How did you figure that out?

 

Chandrasekaran - I believe you really need an attorney's adivse here. You are making a big decision in your life and a quick chat with attorney (may be $100) should give you all the answers you need.

[cap-gap]

dont try to fool USCIS....forget about GC if you want to stay back in AP!!!

 

I don't see any attempts to fool CIS in OP's post...and what is AP?

 

going back to OP's post: there have been lot of R2I happening now..there is even a R2I forum too..R2I:return 2 India..

 

I think you got all bases covered...definitely apply for I131..will buy you two years..

 

if you want more than that you have to come back and reapply..but that will be stretching it too thin..even with reentry permit, it is subject to POE officer's decision..

 

your son can defnitely sponsor you when he becomes citizen, if he is adult by then..

 

your future visitor visa may not be rejected..afterall you didn't care for the GC..and it will depend and how strong you can prove your ties..

 

GC abandoning will be decided by the POE officer..you will not get a letter

[omshiv]

fool USCIS? How did you figure that out?

 

 

iv) How does USCIS decide /determine that we have abandoned GC and how will they inform us? Suppose, we stay back in India for one year continuously now, will USCIS tell us that our GC has been cancelled?

 

 

 

How about that point?

[JoeF]

I don't see any attempts to fool CIS in OP's post...and what is AP?

 

going back to OP's post: there have been lot of R2I happening now..there is even a R2I forum too..R2I:return 2 India..

 

I think you got all bases covered...definitely apply for I131..will buy you two years..

 

Not necessarily. A reentry permit is not a guarantee.

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

"However, both the green card and the reentry permit do not automatically guarantee one will be processed into the U.S. as a permanent resident at the POE. This decision depends upon the facts of the situation, including prior travel patterns and the reasons for the extended travel."

[t75]

Do you want to live in the US or not?  "Family reasons" meant you denied a real immigrants GCs.

[cap-gap]

Not necessarily. A reentry permit is not a guarantee.

I clarified it in the later half of my reply that you trimmed off..

 

based on observations of real experiences of friends, I can say that they did not face any scrutiny during the first reentry permit duration, who were outside for extended periods for valid reasons like sick parents, real estate property litigations etc., ...there is one case, where one lived alternate years here, was given a slap on the wrist at POE and told to get his act straight..other case, son of a coworker is studying medicine in India, who is GC holder, makes two or three "visits" back here an year..no issues so far..

[cap-gap]

How about that point?

 

nope..Not at all...

 

also it seems OP is from TN not AP...but whatever it is, irrelevant here... carrying a chip on your shoulder against AP people? 

[nineballs]

I clarified it in the later half of my reply that you trimmed off..

 

based on observations of real experiences of friends, I can say that they did not face any scrutiny during the first reentry permit duration, who were outside for extended periods for valid reasons like sick parents, real estate property litigations etc., ...there is one case, where one lived alternate years here, was given a slap on the wrist at POE and told to get his act straight..other case, son of a coworker is studying medicine in India, who is GC holder, makes two or three "visits" back here an year..no issues so far..

Thanks. This is really informative. Very good contribution to the froum.

[JoeF]

I clarified it in the later half of my reply that you trimmed off..

 

based on observations of real experiences of friends, I can say that they did not face any scrutiny during the first reentry permit duration, who were outside for extended periods for valid reasons like sick parents, real estate property litigations etc., ...there is one case, where one lived alternate years here, was given a slap on the wrist at POE and told to get his act straight..other case, son of a coworker is studying medicine in India, who is GC holder, makes two or three "visits" back here an year..no issues so far..

 

Studying abroad is fine, that is a temporary stay abroad.

Working abroad is generally not fine.

And there are lots of posts all around the Net from people who have run into problems. Your observations may be fine, but that's a very small sample size. I prefer the bigger sample size the Internet provides.

[cap-gap]

Thanks. This is really informative. Very good contribution to the froum.

you are welcome..

 

can you post additional details like your reasons behind your relocation after working so hard on GC process..I find it interesting that you will leave your son behind..

[JoeF]

you are welcome..

 

can you post additional details like your reasons behind your relocation after working so hard on GC process..I find it interesting that you will leave your son behind..

 

Relocation also means abandoning the GC.

For an LPR, all trips abroad have to be temporary in nature. A relocation means the person moves out of the US, and that means abandoning the GC.

[cap-gap]

can you post additional details like your reasons behind your relocation after working so hard on GC process..I find it interesting that you will leave your son behind..

sorry..meant for the OP..