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My sister has green card and being 16 years old she is finishing her schools in India. Since last 6 years she has been traveling to U.S. to renew her green card every year for 10-15 days. And if she ever obtained a re entry permit she will come every other year. My parents also live in India. We all have obtained this green card through my mother who now lives in India and has surrendered her green card. So this year when my sister came to re new her green card the U.S. custom gave her hard time asking lot of questions and threatening to cancel her green card. They asked her if you have green card why don't you live in USA? She replied that I am finishing my schools. They said you can not just come here to renew your green card . Either settle down here or stay in India. I have asked lot of other people and some said this only happens once.
I thought as long as you come back within a year you are not breaking any rules. And she has obtained re entry permit i think once or twice and it was for 2 years. So when she obtained her re entry permit she came back within 2 years other wise she has been always coming here with in a year to re new her green card.
so my questions are
1) Can they legally take the green card back?
2) She still needs to finish her school there for five more years so what are the options we have. We stooped obtaining the re entry permit because it now requires finger print an she comes here only for 10-15 days as she needs to attend her school there.
3) At worse if we decide that she can come here and start her school here can they send her back from the airport despite of having green card?
4) After 10 years when she applies to renew her green card can they decline her application as she has not been staying here and just come here to renew her green card?
1. Yes they can. A green card is for a "legal permanent resident", which none of you seem to be, as not spending more time in the USA than outside. She has been very lucky she got away with it so far, as even if she'd gotten a re-entry permit, those are usually only valid for two years.
2. You have three options: a) she can start going to school in the USA b) she can keep chancing it, and continue to only visit for a week at a time. If doing this, she will probably have her greencard taken away sooner rather than later. c) abandon her greencard, and re-apply through a family member who is a USC (parent, sibling) once she is ready to move over.
3) Yes they can, due to her history. If you decide on this, I would bring proof that she will stay this time, such as school enrollment papers, proof you have a apartment/room in your home for her, proof of financial sponsorship etc.
4. Yes they can.
USCIS - Green Card
The link has been on and off today. You will have to try a couple of times.
1) yes - she has not been fullfilling her obligations as GC holder
2) re-entry is required; her schooling is a personal issue
3) see 1) yes
4) see 1) yes
Your sister has anready been in secondary interview. USCIS has started enforcing rules more and more during the last two years or so.
Your sister has had a green card for 6 years and doesn't intend to immigrate for at least another 5 years? She's been lucky so far but I can't see keeping it up for another 5 years. Immigration regulations change and the US is cracking down on this. I doubt they will renew it after 10 years.
She has to make a decision now. Either move now or stay in India and lose the permanent resident status.
Don't try and play on technicalities and whether "they legally take the green card back". If they cancel the green card then arguing technicalities won't bring it back.
My sister has green card and being 16 years old she is finishing her schools in India. Since last 6 years she has been traveling to U.S. to renew her green card every year for 10-15 days. And if she ever obtained a re entry permit she will come every other year. My parents also live in India. We all have obtained this green card through my mother who now lives in India and has surrendered her green card. So this year when my sister came to re new her green card the U.S. custom gave her hard time asking lot of questions and threatening to cancel her green card. They asked her if you have green card why don't you live in USA? She replied that I am finishing my schools. They said you can not just come here to renew your green card . Either settle down here or stay in India. I have asked lot of other people and some said this only happens once.
I thought as long as you come back within a year you are not breaking any rules. And she has obtained re entry permit i think once or twice and it was for 2 years. So when she obtained her re entry permit she came back within 2 years other wise she has been always coming here with in a year to re new her green card.
so my questions are
1) Can they legally take the green card back?
2) She still needs to finish her school there for five more years so what are the options we have. We stooped obtaining the re entry permit because it now requires finger print an she comes here only for 10-15 days as she needs to attend her school there.
3) At worse if we decide that she can come here and start her school here can they send her back from the airport despite of having green card?
4) After 10 years when she applies to renew her green card can they decline her application as she has not been staying here and just come here to renew her green card?
Thank you all replies will be appreciated.
You mention that your mother surrendered her green card and no longer lives in the USA and that since then your sister has been hassled by the immigration authorities. If your mother (with a valid green card) still lived in the USA, then you sister could say she is returning home to her mother/parents in the USA. But without that it is definitely understandable why the immigration authorities are threatening to take away her green card as the green card is given to people in order to live permanently in the USA and her immediate family doesn't even live here (meaning she can't claim she is away temporarily to study as nobody will believe that in this situation).
So there is definitely a possibility that she could lose her green card. She is taking a chance by not living in the USA.
You mention that your mother surrendered her green card and no longer lives in the USA and that since then your sister has been hassled by the immigration authorities. If your mother (with a valid green card) still lived in the USA, then you sister could say she is returning home to her mother/parents in the USA. But without that it is definitely understandable why the immigration authorities are threatening to take away her green card as the green card is given to people in order to live permanently in the USA and her immediate family doesn't even live here (meaning she can't claim she is away temporarily to study as nobody will believe that in this situation).
So there is definitely a possibility that she could lose her green card. She is taking a chance by not living in the USA.
Family or not you cannot "claim to be away temporarily to study". It das not matter that "nobody will believe that in this situation". Unless a request for re-entry has been filed and approved an absence of over one year is considered abandonment of green card. I bet that no tax returns have been filed either by the sister or by someone claiming her as dependent.
Family or not you cannot "claim to be away temporarily to study". It das not matter that "nobody will believe that in this situation". Unless a request for re-entry has been filed and approved an absence of over one year is considered abandonment of green card. I bet that no tax returns have been filed either by the sister or by someone claiming her as dependent.
If one has immediate family (such as a spouse or a young person whose parent/s live in the USA) in the USA, you can claim that you are away to study or on business as long as you are not outside the USA more than one year or if you have requested a re-entry permit (in advance) for an absence of over one year (but no more than 2 years as far as I know).
A green card is intended for those who are migrating to the USA, not for people who "visit" once a year but want to maintain "residency" status. I'd say there's a very good chance that now it has been picked up on by Customs at POE she will find herself without one at some future date unless she comes in and STAYS here.
Part of the GC is that you live here pay taxes ...basically contributing to the economy over here and not in India for years.
If she likes it so much over there she shouldn't mind the questions and don't be surprised to get her GC revoked. It happens more often and IMO that is the right thing to do. So many others are waiting for years to live here and even some are over here on a visa and trying very hard to get a GC instead of a visa...and this one doesn't live here just comes here to renew it...
Of course they can take it back, and hopefully it is cancelled already. Your sister is not a permanent resident and your family is gaming the system.
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