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Deferring GC and N-470?

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  • Deferring GC and N-470?

    I am a naturalized U.S. citizen, married to a U.S. citizen, living and working in the U.S. We applied for a family-based green card for my elderly mother, with the intention of her either moving to the U.S. or at least spending 2-6 months out of the year here.

    She just received her green card, but informed us that she is not ready to retire and that her job would not let her leave for more than one month (vacation time) out of the year. She loves her job and we respect her wish to continue working. However, she will have to retire soon and when she does, we want her to live with us in the U.S.

    We are trying to find a way for her to continue working abroad without losing her permanent residency status in the U.S. We’ve considered re-entry permits but are hoping to find a more long-term solution, for 3-5 years.

    Will her green card be revoked if she only comes to the U.S. for 1-2 months out of the year (while paying U.S. taxes etc.)?
    Is there anything she can do to make this less likely ie purchase property here?
    Can she defer her green card for 2-4 years?
    Can she obtain permission to live abroad for that long, while paying U.S. taxes and making occasional visits?
    If she applied for the N-470, would she be likely to have it granted?
    Can she renounce her green card and than reapply several years down the road?
    If its family-based, is a green card always guaranteed?

    We are worried that if she looses her green card, she may be barred from coming to the U.S., which will be a huge problem once she is too old to live by herself.

  • #2
    She will eventually lose her GC. She can not "try" to keep it by just coming 1 month a year and since it is so long down the road... the best thing for her would be to surrender the GC and you apply for her to LIVE PERMANENTLY in the USA when she is ready to move.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      I just called the USCIS and over the phone they told me that as long as none of her trips exceed 1 year, she can continue to come in and out. I even specifically asked if it is ok for her to come back for just several weeks, and they said it was. Can anyone confirm that you can or cannot do this?

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