I agree with my colleagues. They need to be in the U.S. at least 50% of the time. However, other factors may be considered in abandonment cases, so you may want to consult with an immigration attorney to ensure that your parents are otherwise maintaining sufficient ties to the U.S. They should also be aware that even if they may get to keep their green card, staying outside of the U.S. for too long may make them ineligible for citizenship. This an often overlooked factor that should be considered.
If they have the green card, they must live the majority of the time IN the US. Otherwise, they will eventually lose the green card.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
If you want to maintain your permanent residence, you should be living in the U.S. and be physically presence in the U.S. at least 50% of the time.
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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.