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  #1 (permalink)  
Old 02-23-2009, 01:58 AM
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Default Question: Maintain green card

Hi,

In last one year my grand mother stayed out of US for following months.

My Grand mother stayed in india for 3 months in her first visit to India. After that for 2 months she stayed in US. Now she is in India for 7 months in her second visit.

So during within one year (3+7 =10months) she is out of US.

My question:
1. How much she can stay more in india in this second visit?
2. For this second visit she stayed for 7 months (i.e. > 6 months) does this make trouble in returning US?

Regards
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  #2 (permalink)  
Old 02-23-2009, 02:05 AM
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Post 1 year

Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:


Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a “nonimmigrant” on your tax returns.


check
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
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  #3 (permalink)  
Old 02-23-2009, 02:48 AM
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Originally Posted by jthomas View Post
Declare yourself a “nonimmigrant” on your tax returns.
Where do you do it on Tax forms?
I don't remember doing it for last 8 years.
It is good that I read this thread...
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  #4 (permalink)  
Old 02-23-2009, 03:30 AM
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Originally Posted by sk2006 View Post
Where do you do it on Tax forms?
I don't remember doing it for last 8 years.
It is good that I read this thread...
If you file 1040NR means that you have declared yourself as nonimmigrant/nonresident
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  #5 (permalink)  
Old 02-23-2009, 12:41 PM
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Yeah this scared me too. I just checked my tax returns for the last 8 years..Even me i have always filed 1040. I think even if you are not a permanent resident you would satisfy the "presence test" . So its very rare that somebody would file 1040-NR unless accidentally. Common scenario would be in the very first year you came to the US, you were only here less that the presence test days etc.


Quote:
Originally Posted by sk2006 View Post
Where do you do it on Tax forms?
I don't remember doing it for last 8 years.
It is good that I read this thread...
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  #6 (permalink)  
Old 03-02-2009, 05:21 PM
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Based on the one year principle she should be fine, however she does not look like she is intending to stay in the US and could be considered to have abandoned her green card status. I would suggest getting her back into the country and then reviewing the situation. As i am not a lawyer this is of course just an opinion.
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