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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

300 points proberts | 7 comments | 14 Mar 25 14:39 UTC | HN request time: 1.035s | source | bottom

I'll be here for the next 6 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with but as much as possible I'd like to focus on the recent changes and potential changes in U.S. immigration law, policy, and practice. Please remember that I am limited in providing legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my responses. Thank you!
1. throwaway9099 ◴[14 Mar 25 17:07 UTC] No.43364667[source]▶
Peter, I'm a software engineer with a FAANG company, ~20 years experience and at the senior staff level. I lived in the US for a while with my family, and we all have green cards. Last year, we moved back to India (where we're from), with re-entry permits that are valid till July 2026. We'd like to continue living in India for a while (the next 8-10 years, till our kids finish school), but also keep our green cards so that we can move to the US afterwards without going through the Indian-citizen green card nightmare, especially for my kids. I go to the US every 3-4 months on work, my family less frequently. Been paying US taxes and no problems continuing to do so, but I don't own a house in the US. Is there a way I can keep my green card while living in India for 8-10 years? Or should I just give it up when my re-entry permit expires, and find a way to apply again?
replies(4): >>43364926 #>>43365162 #>>43365470 #>>43373724 #
2. chickenzzzzu ◴[14 Mar 25 17:33 UTC] No.43364926[source]▶
Isn't the requirement 6 months per year in the USA minimum?
replies(1): >>43366819 #
3. proberts ◴[14 Mar 25 18:14 UTC] No.43365470[source]▶
8-10 years might be tough but definitely speak with an attorney to talk this through. Is this your first reentry permit because you can get reentry permits totaling 5 years?
replies(1): >>43373294 #
4. outworlder ◴[14 Mar 25 20:18 UTC] No.43366819[source]▶
Sort of. You need to spend more time in the US than not, but even if you do 6 months every year, there's a high change you'll start to get tough questions when you try to reenter. Longer periods, it gets worse.

That said, the GC will only be taken away if (a) you give it up (you can be pressured into doing so though) or (b) an immigration judge takes it away (CBP can send your case to one if they think you are not living in the US)

This is why a reentry permit exists and that's what OP is talking about. It allows one to leave the country for two years and can be renewed (not guaranteed though).

5. throwaway9099 ◴[15 Mar 25 15:52 UTC] No.43373294[source]▶
Yes, this is our first reentry permit, and it has a 2 year validity.
replies(1): >>43375838 #
6. grandempire ◴[15 Mar 25 16:59 UTC] No.43373724[source]▶
I’m surprised green cards are available for people who don’t really live here and don’t plan to in the future. This is a scarce resource.
7. proberts ◴[15 Mar 25 23:22 UTC] No.43375838{3}[source]▶
So you should be able to get another reentry permit valid for another 2 years and then a third reentry permit valid for 1 more year. After that, it gets tougher and USCIS will look at various factors to gauge whether a green card holder has given up his or her green card, including time in the U.S., home in the U.S., assets in the U.S., employment in the U.S., family in the U.S., etc. But at a minimum, without a reentry permit, you should never be outside the U.S. continuously for more than 6 months.