Am I safe to keep my GC?

[blackjack21]

Here is my situation. I got my GC in April, 2004. Now I plan to take a position in China (one-year contract at a time) for no more than two year starting in April, 2006. After that, I will come back to find a job here and apply for citizenship when time is up. During these two years, I will come back to visit my wife (she is going to stay here) every six months. I will also follow all the rules (get a reentry permit, file tax returns etc.). My questions are:

1. Can I use temporary working abroad as the reason for the reentry permit application?
2. Will I encounter any trouble at the POE on my trips back?
3. Will this affect my eligibility for citizenship in the future?

Thanks a lot for any input.

 

[robwoj]

JoeF -

I am not sure there if there isn't a lot of contradictions.

The guy gets a reentry permit for a 1 or 2 year contract in China. He documents that on a reentry and the reentry permit gets approved. So INS explicitely agrees that the reason IS GOOD ENOUGH for the person to leave the US for a temporary assignment in China.

Furthermore the guy leaves family in the US, files taxes, is probably on some lease etc.

How can INS argue that INS agreed that the reason was valid, the guy maintained ties to the US and still is ineligible for entering the US? I have not seen a single case where this happened. Please do not show cases where a person run into problems without reentry permit. I am not interested in cases where a person had no valid reentry permit at the time of entry or no ties to the US.

There seems to be a discrepany between:
1) What is being said on message boards
2) What lawyers say like Ron Gotcher and case studies that are available to us

Maybe everybody should follow JoeF's advice that even if trip is temporary, you get a reentry permit and you keep ties to the US - YOU ARE AT A RISK OF LOOSING GC because you are at a whim of an immigration officer. There are no case studies that show this but the people are somehow at risk presumably because case studies are hidden from the public or got flushed down the toilet or sthg.

Similarly in that case - even if you work for the same employer for 3 years you are at risk of loosing GC but no case studies show this is the case and lawyers tell you it is safe.

 

[blackjack21]

JoeF and robwoj,

Thank you both for the replies. I went to the USCIS website and I didn't see anything I plan to do was against the immigration law. I guess the key is to get the reentry permit approved based on that reason. Do you think temporary working abroad is a valid reason? I will not be out of the US for more than 180 days and will definitely return in two years. Hopefully by doing this, I can keep my GC and be eligible for citizenship down the road.

 

[Participant]

JoeF -



Maybe everybody should follow JoeF's advice that even if trip is temporary, you get a reentry permit and you keep ties to the US - YOU ARE AT A RISK OF LOOSING GC because you are at a whim of an immigration officer.

robwoj--never just whims of an IO were not enough/will never be enough for a GC is to be revoked by him and many facts in a 'totality of circumustances ' were/are required to be established for this.IO is not an alimghty to cast an 'catastrophe' just all by him self but he may be able to give some temp. trouble.
Even if so--
Courts were there/are there/will be there for a recourse and if one is not faulty (showing right facts) will get over the 'whims' and other 'nonsenses' ultimately,provided you are genuine and if on rightside of law and prove the your cirumustances applicable to the laws (ofcourse this is job of an expert lawyers )at a resonable allowances.(See my other replies oon this where cases were quoted on REP issues).
So be easy and enjoy life than having unnecessary 'night mares' in the day! and you also may be knowing already about the thing-- 'much ado about nothing'
Goodluck for your REP and safe reentry.
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lay man's opinion.Not a legal advise.