Deportation Warning by custom officer(to green card holders)

[myquestion79]

My parents have green card and they visit me every year.

Last year, they came to US on June 17, 2014 and left Jan 2015 this year. Then they arrived today(June 30 2015) and custom officer said "you guys spend 6 months here and 6 months in india. I am feeding into the system a warning and next time you will be deported. There are lot of people waiting for green cards". This may not be sequence of statements but that's the gist of what my parents were told.

 

They have been doing this for last few years. On some years, it might less than 6 months but not last year. They stayed over 200 days in last 1 year.

 

Few questions:

a) Help me understand the rules of the game here. I can't comprehend why they got warning.

b) How to verify that if it was official warning or a verbal scare? Can i take info-pass          appointment and check with local immigration offices?

c) Was he within rights to give a warning despite not overstaying outside US? Can he deport  green card holders from airport? Or will officers have to refer to a immigration judge?

d) Another way of asking first question, is there a "LEGAL"  6 month overstay rule or is it all up in the air and officers have all the authority?

 

Goal and Intention is to have parents visit me every year: 7 months in US, 5 months in India.

 

regards

Nitin

[JoeF]

As Permanent Residents, your parents have to LIVE here. They can't just visit once in a while.

It is called Permanent Residence for a reason!

A GC is NOT for visiting once in a while!

 

If your parents only want to visit, they should surrender the GC and get a visitor visa.

 

They need to MOVE to the US now or surrender the GC. Otherwise, they will lose the GC the next time, and then won't be able to even get a visitor visa.

[jairichi]

Yes, it is a legitimate warning. Read what is the purpose of getting a GC and what are the actual rules pertaining to maintain GC status. If your parents were US citizens their stay in India and US will not matter but not on GC. Looks like they are in the process of abandoning their GC. Your goal/intention will not work.

[rahul412]

GC is an immigrant visa which means a person holding GC will spend most of his/her time in US. In this case, its clear that they are not spending enough time in US, hence the warning.

[pontevecchio]

Permanent resident implies what it says. The way to make this problem disappear is to get citizenship. If circumstances are such then consult a Lawyer to minimize future trouble. A GC holder staying more than an year without AP is deemed to have abandoned his GC. Stays more than 6 months abroad may result in a rebuttable presumption of having given up the GC. Maybe get them a reentry permit after considering their eventual goals.