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How to interpret Extended Stay outside of U.S. for a Green Card holder

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  • How to interpret Extended Stay outside of U.S. for a Green Card holder

    My father has maintained permanent residence in the U.S. for more than 10 years. About 2 years ago I got an expat job outside of the U.S. and he had to travel and live with me due to his age and health. Each year he traveled back to the U.S. and stayed for 1-2 weeks. Would he have problem returning to the U.S. after my 3-year assignment is completed next summer?

    BTW, I found the link https://www.immihelp.com/retain-greencard-useful-tips/ to be quite educational. However I need more specific interpretation of Extended Stay, specifically whether he would get into trouble returning to the U.S.

    Thanks in advance!

  • #2
    If he did not stay outside the U.S. for a full year, he is most likely to be questioned about possible misuse of his Permanent Resident status and advised to get a Reentry Permit next time as an "intent to return" gesture, regardless if he stays outside less than a full year.

    Otherwise, we can't predict how his reentry will be treated at the Port of Entry upon arrival.

    --Ray B

    Originally posted by expat24 View Post
    My father has maintained permanent residence in the U.S. for more than 10 years. About 2 years ago I got an expat job outside of the U.S. and he had to travel and live with me due to his age and health. Each year he traveled back to the U.S. and stayed for 1-2 weeks. Would he have problem returning to the U.S. after my 3-year assignment is completed next summer?

    BTW, I found the link https://www.immihelp.com/retain-greencard-useful-tips/ to be quite educational. However I need more specific interpretation of Extended Stay, specifically whether he would get into trouble returning to the U.S.

    Thanks in advance!

    Comment


    • #3
      If he hasn't yet been warned at the POE, he might get a warning the next time he enters, or he might not. He ought to have got a re-entry permit from the beginning, but this late in the game, he's unlikely to get in trouble UNLESS he is given a warning on his penultimate entry, in which case he could be asked to see an immigration judge on his final entry. This last thing is also fairly unlikely due to his age, and because he can honestly say it will be his last extended trip. If you travel together, it would help his case.

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      • #4
        I would think it would be best, to apply for returning resident visa, he has been out of US too long and to many times.
        apply at local embassy

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        • #5
          mai95, he does NOT need a returning resident visa. He has not been outside for more than a year.

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