Migrating to India with 4 Years of Permanent Residency

[rajivs]

Folks - I am planning to move back to India this year. In March 2006 I will complete 4 years on my green card. Would like to know what are my options in terms of maintaining my permanent residency status and finally getting US Citizenship? Will appreciate any responses.

[eltoro]

Wait 1 more year, apply for citizenship, take the oath and then move back to India. That is your surest bet. If you move now you lose your GC.

[alassea]

You only need one more year of residency to be eligible for citizenship (PRs are required to have at least 5 years of U.S. residency in order to apply for naturalization). Why do you want to "move" back anyway? If you'll move back to India now (and say, stay there for more than a year), not only will you be breaking that continuity of residence but you will also be risking losing your PR status on grounds of abandonment. Any stay outside the U.S. must be for temporary purpose only and must be supported with proper documents (e.g. have re-entry permit and have clear duration/length of temporary stay abroad). Your ultimate goal must be to return and reside for good to your unrelinquished home in the U.S. Even if you have the intent to keep your PR status, that is not enough. Your actions must show it too and maintain all legal requirements as LPR (must have very, very strong ties to the U.S. and must meet all other requirement for admissibility in accordance with the immigration laws).

[rajivs]

Thanks for your responses. Won't I be able to maintain my Permanent Residency status with frequent trips to US (Once in 179 days) until I go through the process of taking the oath?

[wurzbach]

If you move abroad for good, you immediately lose the GC.

This is a bona fide MISLEADING! It does not deserve my time to rebut.

According to ****, reentry permit should not exist at all. What a rediculous!

Any PR has the advantage to work up to two years FOR GOOD outside and will meet no trouble to enter US by holding a valid reentry permit!

[alassea]

Thanks for your responses. Won't I be able to maintain my Permanent Residency status with frequent trips to US (Once in 179 days) until I go through the process of taking the oath?

It is very important to realize that U.S. Immigration law requires that a Green Card holder must never abandon the intention of continuing to reside permanently in the United States. Once, a Green Card holder abandons that intention, e.g., by intending to reside permanently in some other country, that person loses the right to keep their Green Card.

This means that anytime a Green Card holder leaves the U.S., that person is subject to being accused by the Immigration of having abandoned the intention of living in the U.S., and is subject to having the Green Card taken away. Therefore, Green Card holders must always take certain precautions in order to be able to prove to the Immigration that they have never abandoned the intention of living in the U.S. permanently. However, simply returning to the U.S. once a year for several weeks to use the Green Card is not enough. Many Green Card holders have lost their Green Cards eventhough they returned to the U.S. once a year.

Some Precautions to take:
1. Obtain a re-entry permit.
If you will be leaving the U.S. for more than one year, but less than two years, it is advisable to obtain a reentry permit prior to leaving the U.S.
Note though that if you continue to request a number of reentry permits (one after the other) the Immigration is likely to deny your application.
2. File tax returns and other applicable state, city, or local taxes.
Note that this does not necessarily mean that you must actually pay U.S. income taxes, it only means that you must file a resident tax return and declare your worldwide income on that return, even if most of this income is exempt from taxation. Consult a tax advisor where applicable. Keep copies of all tax returns you have filed as a resident, and bring these copies with you when entering the U.S.
3. Maintain a U.S. Address.
4. Maintain U.S. Bank Accounts.
5. Maintain U.S. Driver's License
You should continue to renew your U.S. Driver's license. Be sure that the address on your license is the same as that recorded on any immigration documents. Carry your driver's license when entering the U.S.
6. Maintain U.S. Credit Card Accounts.
7. Ownership of U.S. Property.
If possible, continue ownership of U.S. property, e.g., houses, condominiums, businesses, automobiles, etc. For example, a person assigned abroad may want to rent, rather than sell, his or her U.S. residence.
8. Document reasons for long stays abroad.
e.g. employment contracts: Before leaving the U.S. on long assignments abroad, it is advisable to obtain a written employment contract, or letter, from your employer. The contract or letter should specify the terms and length of employment. If the employment will lead to a transfer back to the U.S., or to a U.S. based affiliate of the foreign employer, the contract or statement should include this fact.
9. Be sure to maintain your social security card, and carry it with you on your return to the U.S. If you have not yet done so, be sure to apply for the type of social security card which permits you to work in the U.S.
10. Keep your Green Card Valid. Be sure to renew your greencard when it expires.

Things to Avoid:
DO NOT return to the U.S. using any form of non-immigrant visa. For example, if you stay outside the U.S. for longer than one year, without having obtained a reentry permit, do NOT return to the U.S. on a tourist visa; instead, apply to the U.S. consulate for a Special Immigrant Visa.
DO NOT arrive via a chartered air carrier where nearly all passengers are nonimmigrant.
DO NOT return to the U.S. with a spouse and or children who are neither citizens nor green card holders, especially if they will be in the U.S. only a short time.
DO NOT arrive at a port of entry functioning as a gateway to a resort area.
DO NOT enter the U.S. on a round-trip ticket which terminates outside the U.S.

More on Reentry Permit:
A Reentry Permit is a document issued by the Immigration to lawful permanent residents as a travel document. It does not take the place of your Green Card, nor of your passport. Instead, you use a Reentry Permit in addition to your Green Card and Passport.

The general purpose of a Reentry Permit is to allow permanent residents, who have left the U.S. for more than one year, but for less than two years, back into the United States. Permanent residents who leave for less than one year can generally re-enter the U.S. through the use of their "Green Card" plus their passport. However, permanent residents who remain outside the U.S. for more than one year cannot use their "Green Card" for this purpose. Consequently, they must obtain a Reentry Permit in advance, prior to leaving the U.S. Note that you can not obtain a Reentry Permit from outside the U.S.

It is also important to note that neither the Reentry Permit, nor the Green Card (for trips taking less than one year), will guarantee that a permanent resident will be readmitted in the U.S. Remember that the immigration officer always has the right to refuse entry to any permanent resident if he or she deems that the individual has either abandoned the intent to remain permanently in the U.S., or has committed a crime, or falls within one of the grounds for exclusion under U.S. immigration law.

Hope that helps. Although, I am not also a lawyer and that's just general reference information. For legal advice, consult an immigration attorney.

[nato]

[GreenGuy]

Why dont you "visit" india for one year to retain your GC. When I mean "visit" your intention is a temporary stay. YOu have to come back to U.S with the intention of staying back. Apply for citizenship as you would have completed 5 years by then. Get a U.S passport and go around the world as much as you want..

Easy enough... may be not.. correct me pls gurus...

[GreenGuy]

You have to be in the country for atleast 5 years to qualify. Does it really mean five consecutive years without a break.

Say i am out of the country for less than 180 days, it is considered at temporary visit. As per DV_EU_WIN , this period still counts in the 5 year qualification period for citizenship.

Say if you are out for 10-12 months(ofcourse with a re-entry permit), is it true that you have to start the 5 year clock again. What happens to the first four years you lived here. My understanding is that you can complete the remanining qualifying period after you came back from outside trip and apply for citizenship. Your intentions to be out of the country for 10-12 month could be still temporary or unavoidable business purposes.

The problem, is no one knows where you are gonna live in future. All we are trying to do is to play safe and not loose the hard earned legal status.

In some cases, it is very hard to give your intentions at the time of leaving. It can still be thought in a way, where you are exploring the possibility of moving to another country, but far from deciding or breaking any rules..

[qili]

Because it is the truth, you twit!
Huh???

you don't undestand it, you twit!


why do you have to behave so childishly in public? to embarrase your parents?

I think alassea gave the most comprehensive answer. sounds like you need a way to maingain your US residence. so take the precautions alassea mentioned and then a trip to India.

[GotPR?]

to clarify - if you've been for less than 10yrs in the US you can not have more than 40 points (max is 4/yr).

That is my understanding too, but funny thing is my point has already reached 36 pt as of last year after less than 8 years stay. I got 4 pt each last few years, in that pace, I'll reach 10 pt this year. I do not know exactly which year I got more than 4 pt.

do you think it is a mistake ??

[GotPR?]

Yeah, I guess I should check with SSA.