A green card is evidence that the holder is a resident of the U.S. Be they a conditional or permanent resident, having this status requires the individual to permanently reside in the U.S. If someone intentionally moves out of the U.S. and permanently relocates to another country, they will be deemed to have abandoned their resident status in the U.S.
This can sometimes be a disadvantage for those who want to spend long periods of time in the U.S. but not actually live here. For example, I’ve had many clients who have naturalized after obtaining status through marriage and gone on to have children in the U.S. I’m frequently asked about their own parents living abroad. Many grandparents want to come to the U.S. in the early stages of their grandchild’s life, but they do not want to live in the U.S. They may, for example, want to spend the majority of their time in the U.S. but travel back and forth and be at home abroad too during the year.
The issue is that a tourist visa entrant is limited to staying for a maximum period of 6 months, absent an extension. This may not be enough time for the grandparent to help with a newborn. Another issues arises when grandparents want to come in and out frequently and spend the majority of their time in the U.S. without actually living here. While not technically prohibited, frequent travel to the U.S. and having long periods of time in the U.S. on a B-2 visa can trigger suspicion that the individual is unlawfully residing in the U.S., which is not allowed for tourists. On the other hand, if the grandparent is sponsored by their adult child for residency and a green card, that will require them to make the U.S. their permanent home and they will have to pay taxes in the U.S.
It is important to know before applying for a green card, such as through an immigrant visa application at a U.S. consulate, you will be required to permanently reside in the U.S. and you will not be able to just travel to the U.S. occasionally on the green card.
If you have any questions about green cards and status as a resident of the U.S., call us today and consult with an experienced immigration attorney in Austin, TX!