Immigration Issues/immigration

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Question
Myself and wife are beneficiary of I-130 filed by our daughter who is a USC on cosular processing while i am working abroad in Middle East. After getting the GC, we will visit US to become landed immigrant and at that time we plan to stay there for about 2 months and then return to continue for my current good job with a foreign employer in Middle East for about 2 years time during which we will file US taxes and pay into social security. In between we will be regularly visiting US every 6 months for 1 month at a time, to start process of establishing a home in USA. Our question is that do we need to file for Reentry Visa, if yes what other precaution we should take to prove our genuine situation.Will the 2 month period be sufficient, as staying more than that will be diffiult from my job point of view. Your reply is much appreciated.

Answer
Ashok,
As a green card holder you are required to be a permanent resident of the United States. Staying out of the US for a year may result in the USCIS revoking your green card. You can file for a Re-entry visa and stay out of the US for a year. Returning to the US every six months and staying for 2 months at a time is not sufficient to show permanent residency in the US. The only option in such situations is to hope that USCIS does not call you out on this.


Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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