Q: GC holders - 180 day stay requirement & can they stay outside for >6 months but less than a year?
Hi, I applied GC for my parents after they arrived in US (Arrived: Feb'22, applied: June'22) and their GC's have been approved as of this May. Have following questions and seeking feedback:
1. If they stay here in the US till early July, they fulfill their 6 months/180 days annual stay requirement for this calendar year with GC. Is my assumption correct?
2. My parents would also like to avoid the winter season (old age) in the US and would like to come back during Apr/May next year. This would mean they would stay outside US for > 6 months but < 1 yr. In reading through USCIS website, it looks like showing GC at entry and establishing immediate family ties (both their kids are here in the US) is considered enough for the CBP officer to admit them in case they get questioned. Is this correct? Our plan is to ensure post this one time long duration, they will be spending Apr-Nov every year with us from then on.
Please advise.
Thanks
Ganesh
A:
Regarding the 6-month/180-day stay requirement: Green card holders are generally expected to maintain residence in the United States. Staying in the US for at least 6 months (180 days) within a calendar year is often considered evidence of maintaining residency. However, it's advisable to consult with an attorney to ensure compliance with specific regulations and any potential exceptions that may apply.
Extended stays outside the US: If your parents plan to stay outside the US for more than 6 months but less than a year, they may encounter scrutiny from Customs and Border Protection (CBP) officers upon re-entry. Possessing a valid green card and demonstrating immediate family ties in the US, such as having their children residing in the country, can help establish their intent to maintain US residency. However, CBP officers have discretionary authority in determining admissibility, so it's important to be prepared with supporting documentation and be aware that extended absences could raise questions.
To ensure you have the most accurate and up-to-date information, it is recommended to consult with an immigration attorney who can assess your parents' specific situation and provide advice based on the current immigration laws and regulations.
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