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Re: Finally, if it was found that I did break my continuous residence This is impossible I thought. If you had no trip > 6 months YOU HAVE NOT BROKEN your continuous residence - period. Abondonment is a different issue and this where ties to the US, reentry pernit, purpose for the trips...

There are lots of threads on abondonment. Each case is different. But it is not all dependent on the whim of the immigration officer. Because there is such big confusion - I went ahead and hired a lawyer to do my reentry permit, document my stay abroad and ties to the US (ties, purpose...

I was trying to establish what the law says and not what the whim of the immigration officer is. There are probably numerous cases where an immigration officer at interview or port of entry does not follow the law in the books but invents his/her own law. This can be easily overturned in courts...

SuperHo - Pls state your qualifications also when you are contradicting good and established lawyers out there. I am not saying that you are wrong and all good lawyers are right. But you should base it on a very solid foundation especially if you are a layman.

Do they have discretion here or do they not? You seem to be contradicting pretty darn good lawyers. Look at for example: http://immigration-information.com/forums/showthread.php?t=657 The lawyer says here: "As for continuous residence, the law is clear: if your trip abroad lasts less...

Superho - You say "The residency requirements for a GC are different than applying for N-400. For a green card the requirement is looser. They will let you in unless you have been out for more than a year without a re-entry permit. For N-400, it is a technical matter. Also, it is up to you...

Maybe the IO alleged abondoning of residency altogether. But then they should start deportation proceedings and they have to go in front of the judge and convince him that he in fact abondoned residency. The poster here did not say if he had reentry permit, filed taxes etc. Also it is not...

Hello, So can continuous residence be broken if you go on trips less than 6 months? I know you can allege abondonment of residence which would mean your green card is taken away. But if you cannot allege abondonment because of ties, reentry, temporary trip - then can you allege only...

Also - I went to lawyer myself and got a letter from him. The lawyer said that in my case it would be impossible to take away the card and contrary to what JoeF says here - the law regarding abondonment actually works and there is no need to change it. I was confused myself by JoeF's...

Just to let you know - you can get an opinion letter from a lawyer on your situation. There are some good lawyers who will provide you with more information than: "Look the INS people have lots of discretion and the rest we don't know. " Look at www.imminfo.com or www.gotcherlaw.com or...

JoeF - Here is a good thread moderated by a lawyer which shows a person can work abroad for temporary purpose with clear intention to come back: http://immigration-information.com/forums/showthread.php?t=448 Note the person who is doing whatever in this thread is likely to earn some...

Anyways - I wish there was a lawyer moderating this column. I am almost sure that temporary employment like the one described, reentry permit, ties to the US should be sufficient to keep GC. Did not learn much from this forum and the discussion was biased I think. ------------------- I...

JoeF - You say: "Getting paid by the local office by definition is not an assignment from the US company. It is employment by the local company. These are two different legal entities." Well I am not sure where you get this from. I have my friend's contract with a top US company. The...

JoeF - You told me that in the previous thread that if a person goes on an assignment from a US company and gets paid by the local office and the person gets drivers licence then the GC is at a huge risk. This is despite 3 things: - temporary assignment with clear evidence (contract...

JoeF - How can you be telling this guy that this is all possible and that you just need reentry and maintain ties? According to your posts the guy needs to be careful for example not to get drivers licence in the new country. Also you absolutely need to be paid by the US company. If...

Last thing JoeF - You say: "How do you "prove" that the trip is temporary? You can't." If someone gets a reentry permit, contract for 1 year somewhere, maintains ties to the US and comes back after 1 year and then lives in the US for another 1-2 years without making trips. Would you say...

JoeF - You are still avoiding answering my question here. Assuming that it is proven that the person went on a temp trip abroad while maintaining ties to the US and after securing reentry permit - can you still revoke GC say 2 years after the return from temporary trip based on the fact...

Also Joef - You say "To stay a US Permanent Resident, you have to comply with US laws." Can you tell me where I can find a web site that says the following is not enough to maintain GC when you are away for extended periods: - Reentry Permit that explains the situation - Ties to the...

Regarding: "Claiming US tax residency in no way implies living here on any basis, since nationals of various countries can file a 1040 without spending a single day in the US if it is advantageous to do so. If someone leaves on a temporary assignment aborad, the fact that they file a resident...

Joef- I hope you have decent legal background on this. When you say: "Q:I know of at least 5 countries where it is illegal to work there even on a temp assignment for 18 months!! and drive on international drivers licence. Each country has its own set of rules and we do not expect...