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Life After The Green Card How soon can you leave your employer. All other issues after the green card.

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  #1  
Old 3rd September 2008, 02:15 PM
vivek42 vivek42 is offline
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Relinquishing GC and impact

Following is the situation

- Am GC holder since Jan 2005
- Have taken up a job overseas to be closer to family due to their medical condition
- I own a property in US, which is on rent right now
- I realize that I may not be able to apply for naturalization as I may not be able to satisfy "continuous residence" clause (based on the responses from this forum). Unfortunately or fortunately (only time will tell), I have to take this decision
- My Kids are US citizen by birth

Question is:
- If I relinquish GC, how difficult it is to get visitors / business visa for future trips. I still want to be able to have my kids visit places like Disney world, etc. when they grow up
- Also, is it possible to still own a house even after relinquishing the GC (I literally have to shell out few $K to sell my house here and cannot afford to do that)

I am trying to weigh in all the options at this time and would appreciate your thoughts or any experiences.
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Old 3rd September 2008, 02:22 PM
Jackolantern Jackolantern is offline
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1. If you voluntarily give up your GC using the official process, and don't have a criminal record or other such issues, it should be easy to get a visitor's visa. Giving up your GC voluntarily is a strong statement of NOT having immigrant intent.

2. As long as you continue to make the mortgage payments and pay the property taxes, you can continue to own US real estate without a GC or any other visa. Many Europeans have vacation homes in Florida and other warm-weather states. But if you rent out the property you need to file US taxes for the rental income (minus the deductions allowed for rental property like insurance and property taxes).
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PD: Jan 2003 (EB3 rest of world)
I-485 filed: June 2005 Approved: July 2007

I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

Last edited by Jackolantern; 3rd September 2008 at 02:25 PM.
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Old 3rd September 2008, 02:30 PM
Jackolantern Jackolantern is offline
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If you really want to return to the US, you can get a reentry permit so you can deal with your family issues and then come back at the end of the 2 years if things are resolved by then. The reentry permit won't preserve your eligibility for naturalization (that would have to be rebuilt in the years after returning to the US), but it would at least allow you to keep the green card.
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PD: Jan 2003 (EB3 rest of world)
I-485 filed: June 2005 Approved: July 2007

I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.
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  #4  
Old 3rd September 2008, 07:19 PM
boatbod boatbod is offline
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You can own property, but doing so does not afford you any right of entry to the US in order to live in it. As others have said, you should still be able to get a visitor visa if you formally give up your LPR.
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