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How long to stay out of US for a GC holder?

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  • How long to stay out of US for a GC holder?

    Hello,
    My parents have GC, but still have jobs in India. So they travel back and forth all the time. They come once every year, spend like 45 days here and then goes back. But this time the immigration officers were not happy about this process and asked them to surrender their GC. They will retire in two years and will permanently move to US which is why we do not want to give up the GC. I would much appreciate if you experienced folks can advise on this. They are planning to leave in May first week and return next March.
    Thanks for your time.

  • #2
    GC means Permanent Resident.. It says so right on top of the Card. Since they got the GC, what part of "permanent" were your parents unclear about?

    By your own admission, they did not live in the US.. the primary condition of maintaining a GC! The CBP rightfully concluded they weren't entitled to permanent resident status.

    They should reapply for PR status once they retire.

    -Just an average person's thoughts..

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    • #3
      Originally posted by AbeyMammen View Post
      Hello,
      My parents have GC, but still have jobs in India. So they travel back and forth all the time. They come once every year, spend like 45 days here and then goes back. But this time the immigration officers were not happy about this process and asked them to surrender their GC. They will retire in two years and will permanently move to US which is why we do not want to give up the GC. I would much appreciate if you experienced folks can advise on this. They are planning to leave in May first week and return next March.
      Thanks for your time.
      I think it is one day less then a year, however; you can call immigration, they stay open till midnight eastern time, so sometimes easier to get through later in the evening. Call and find out for sure. Each country is different, I live in Brazil and I can stay out of Brazil just one day short of 2 years, but I think the States is 1 day less then a year. So check to see as I don't know if that has changed. Good luck.

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