immigrateful
Registered Users (C)
WC_2007 - Can you point me to your source of information regarding GC being revoked because you took up foreign employment?
Thanks.
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Citizenship interview shortly -- long trips/Foriegn employment -- GC revoke?
- Thread starter wc_2007
- Start date
WC_2007 - Can you point me to your source of information regarding GC being revoked because you took up foreign employment?
Thanks.
The uscis website says the following in their website
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
I was wondering if foreign employment could be argued in favor of intending to live outside of USA.
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
I was wondering if foreign employment could be argued in favor of intending to live outside of USA.
immigrateful
Registered Users (C)
The uscis website says the following in their website
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
I was wondering if foreign employment could be argued in favor of intending to live outside of USA.
Two things:
If you are already in the US you should not worry too much about this.
If you had obtained a re-entry permit, you should not be worried about it at all.
Jackolantern
Registered Users (C)
It could, if you went over there actively seeking employment, then quit your job in the US and joined the foreign employer in an open-ended employment arrangement (not a short-term contract/consulting job). That sort of thing is not what somebody intending to keep living in the US would do. But being temporarily sent by your US employer to their foreign subsidiary and coming back into the same US job should be OK as far as keeping your green card is concerned (but not necessarily for maintaining continuous residence for naturalization).I was wondering if foreign employment could be argued in favor of intending to live outside of USA.
cafeconleche
Registered Users (C)
Hi guys,
I'm in a similar (or worse) situation as a couple of you. I had been studying abroad in January of 06 for 5 months when I was asked to come for my biometrics for my GC. So, I went to the US for that and went back abroad to finish my year. In the meantime, in March, I got my GC, so I had been outside the country when this happened just by chance. I went back to the US in June. My PR status began, though, from March of 04.
From July of 06 until August of 07 I was back in the US studying. Now, I am again abroad studying. I was here (the Netherlands) from August 07 until January 08, went back for 3 weeks, and am now back here until June. Unfortunately, I have another year to go after this semester, during which I will have to do the same thing- go back to the US this summer, come back here for 5 months, and then go back for a month, and come back here for 5 months. After that, I will be done with my degree, and I will look for a job in the US to settle permanently (for now).
I've been told recently that despite the fact that I'm only studying abroad(I do not work here, nor am I on track for permanent residence or any such thing), I will be breaking continuous residence. I have talked to many people about this, and I get mixed answers. Some say that I'm fine because it's just for my education, so I may be excused, as long as I spend enough days in the US. I'm really not sure. I ask this question so often, and I still don't have a proper answer.
It seems, though, that I may be in big trouble and will have to wait a long time for citizenship.
I'm in a similar (or worse) situation as a couple of you. I had been studying abroad in January of 06 for 5 months when I was asked to come for my biometrics for my GC. So, I went to the US for that and went back abroad to finish my year. In the meantime, in March, I got my GC, so I had been outside the country when this happened just by chance. I went back to the US in June. My PR status began, though, from March of 04.
From July of 06 until August of 07 I was back in the US studying. Now, I am again abroad studying. I was here (the Netherlands) from August 07 until January 08, went back for 3 weeks, and am now back here until June. Unfortunately, I have another year to go after this semester, during which I will have to do the same thing- go back to the US this summer, come back here for 5 months, and then go back for a month, and come back here for 5 months. After that, I will be done with my degree, and I will look for a job in the US to settle permanently (for now).
I've been told recently that despite the fact that I'm only studying abroad(I do not work here, nor am I on track for permanent residence or any such thing), I will be breaking continuous residence. I have talked to many people about this, and I get mixed answers. Some say that I'm fine because it's just for my education, so I may be excused, as long as I spend enough days in the US. I'm really not sure. I ask this question so often, and I still don't have a proper answer.
It seems, though, that I may be in big trouble and will have to wait a long time for citizenship.
cafeconleche,
I'm a little confused - you say you got your GC in March, but I'm not exactly sure which year, as it sounds like it could have been 2006 or 2007. You also state that you've been an LPR since March 2004, which seems at odds with your statement of when you got the GC.
From a citizenship perspective, your "resident since" date printed on your GC is usually when you start counting the 3yr/5yr residency period. This date should also coincide with the I-485 approval date.
Anyway, as far as foreign study goes, its very hard to predict whether the IO will be sympathetic or not. From what I've read of other cases, you probably have a pretty good chance so long as you can prove your close ties to the US while you were away. e.g. immediate family remain here in the US, rent/mortgage or other financial commitments etc.
I'm a little confused - you say you got your GC in March, but I'm not exactly sure which year, as it sounds like it could have been 2006 or 2007. You also state that you've been an LPR since March 2004, which seems at odds with your statement of when you got the GC.
From a citizenship perspective, your "resident since" date printed on your GC is usually when you start counting the 3yr/5yr residency period. This date should also coincide with the I-485 approval date.
Anyway, as far as foreign study goes, its very hard to predict whether the IO will be sympathetic or not. From what I've read of other cases, you probably have a pretty good chance so long as you can prove your close ties to the US while you were away. e.g. immediate family remain here in the US, rent/mortgage or other financial commitments etc.
I just want to give an update on my pleasant interview experience (in Sanjose) today -- sorry about the long post.
From my post above you know that my application is not straight forward -- couple of long trips one before and one after I submitted the N400 application.
My interview was at 12:55pm and I was there at 12:15 or so (I followed google directions, but after taking a right rutn at Stauffer Blvd from Monterey Road, it wasn't obvious where the INS office was -- after 5 to 10 mins of driving around, found it. It is behind the GoldGym)
I went to the interview waiting room and put my appointment letter in the window and started waiting.
Because of my long trips, I took the following in a bag just in case
1. Tax return paperwork for all the years starting 2000 (I ordered tax transcripts through phone couple of weeks back, but I didn't get it).
2. Pay stubs starting 2007 until Feb 2008
3. Utility bills, Rental agreement, Insurance receipts to prove that I currently live in Cupertino, USA
4. Preschool fee receipts of our kids
I also had a book with me to read while waiting (It helped to focus on the book and not get nervous/stressed). There were about 10 people waiting when I went into the room. After 10 minutes, officers came out one by one with an applicaiton letter and called out names. There were atleast 6/7 officers that called out names in a span of 5 mins (may be they were back from a break). When looking at the officers and hearing them calling out names, greeting people, I made some judgements on them and wished that one of the two officers that I liked should call my name. Then I went back to my book. For the next 25 minutes, People walked out after interview, new people came in and put they appointment letter in the window, officers came out and called out names (People who came after me were called before me, I guess they go by appointment time, I was 40 mins early and so had to wait longer).
Then about 1pm or so, an officer came out and called my name and it was one of the officers who I wished. I don't want to say much about this officer (don't know if it is appropriate to share names here) except that she was middle aged and was a Chinese descent.
She had my N400 application and started going through it right away.
As she was going through it, I told her that my address has changed and showed a receipt of the address change notice that I got from INS. She modified the N400 application with that.
I had india trips, address change, job change since the application and so as suggested by some, I took modified pages of N400 application. In the places where I lived, I had put India address for the 4.5 months that I spent there. She looked at it and said "oh you lived in India" and I said "Yes Mam, temporarily". She asked why. I was very nervious at that moment, but I told her that I wanted us (and our kids) to spent time with my parents, sisters. She returned my modified page that I took and said that she is not going to update my application with the India address and just noted my new US address there and asked for my phone numbers. I was relieved at that point.
Next the Employment section. She looked at my modified N400 Page and asked if I still work for the company I listed there. She asked about whether it was an American company and the number of employees. I had put two new entries in my modified N400 -- Indian Subsidiary for the 5 months that I worked and the US company -- there were the same names, but different addresses. She just made a single entry in the original N400 application with the US company address.
Then came the trips outside US part and I had a page for that -- she looked at it and commented that I had 2 long trips (4.5 months and 5 months) and asked me if I traveled right after I applied to which I answered in affirmative. She asked me if I stayed outside the US for more than 6 months and I said that I didn't. She asked me how the company allowed me to stay and work remotely and I told her that since I had been working with my manager for long, they let me do that. She just double checked that it was an American company and not my own compay.
She moved on and asked about the rest of the application (about my wife's name, kids details, part of communist, whether I am willing to take the oath, etc).
Then came the history questions -- she gave me a sheet of paper which had about 10 questions and asked me to read the question first and then answer it.
I started doing that (I don't remember all the questions, but they were simple questions like
What is the bill of rights,
who said "Give me liberty or give me death"
Who wrote the declaration of independence
and so on.
As I was doing that, she was doing some other work (doing something with her computer and printer) and it made me think that she wasn't listening and didn't care, but it turns out they are very smart and can multitask
For the question, "who were the enemies during world war II", I incorrectly answered "Germany, Italy, Great Britain" (Trust me I have read this part of the world history and I knew the answer, but I guess I was happy with the way things went so far and little nervous at the same time. She interrupted me and asked me to read that again. Then I realized my mistake and answered "Germany, Italy and Japan".
She then asked me to write "I go to work everyday".
Then it was standard procedure -- sigining the application, cursive name writing in the application form, two photographs.
Then she handed out the N-652 (Citizenship interview results) -- which said that I passed the english, history tests and that my application is recommended for approval.
She told me that I would get oath notice in mail and most likely it would be in April.
I was not much hopeful (probably 50-50) when I went in, but am very happy at the end. I still think I am lucky and got a nice officer.
In my opinion, two key things helped in my case -- my trips were never 6 months or more and I was working for an American company even when I was away.
Good luck everybody in similar situations.
From my post above you know that my application is not straight forward -- couple of long trips one before and one after I submitted the N400 application.
My interview was at 12:55pm and I was there at 12:15 or so (I followed google directions, but after taking a right rutn at Stauffer Blvd from Monterey Road, it wasn't obvious where the INS office was -- after 5 to 10 mins of driving around, found it. It is behind the GoldGym)
I went to the interview waiting room and put my appointment letter in the window and started waiting.
Because of my long trips, I took the following in a bag just in case
1. Tax return paperwork for all the years starting 2000 (I ordered tax transcripts through phone couple of weeks back, but I didn't get it).
2. Pay stubs starting 2007 until Feb 2008
3. Utility bills, Rental agreement, Insurance receipts to prove that I currently live in Cupertino, USA
4. Preschool fee receipts of our kids
I also had a book with me to read while waiting (It helped to focus on the book and not get nervous/stressed). There were about 10 people waiting when I went into the room. After 10 minutes, officers came out one by one with an applicaiton letter and called out names. There were atleast 6/7 officers that called out names in a span of 5 mins (may be they were back from a break). When looking at the officers and hearing them calling out names, greeting people, I made some judgements on them and wished that one of the two officers that I liked should call my name. Then I went back to my book. For the next 25 minutes, People walked out after interview, new people came in and put they appointment letter in the window, officers came out and called out names (People who came after me were called before me, I guess they go by appointment time, I was 40 mins early and so had to wait longer).
Then about 1pm or so, an officer came out and called my name and it was one of the officers who I wished. I don't want to say much about this officer (don't know if it is appropriate to share names here) except that she was middle aged and was a Chinese descent.
She had my N400 application and started going through it right away.
As she was going through it, I told her that my address has changed and showed a receipt of the address change notice that I got from INS. She modified the N400 application with that.
I had india trips, address change, job change since the application and so as suggested by some, I took modified pages of N400 application. In the places where I lived, I had put India address for the 4.5 months that I spent there. She looked at it and said "oh you lived in India" and I said "Yes Mam, temporarily". She asked why. I was very nervious at that moment, but I told her that I wanted us (and our kids) to spent time with my parents, sisters. She returned my modified page that I took and said that she is not going to update my application with the India address and just noted my new US address there and asked for my phone numbers. I was relieved at that point.
Next the Employment section. She looked at my modified N400 Page and asked if I still work for the company I listed there. She asked about whether it was an American company and the number of employees. I had put two new entries in my modified N400 -- Indian Subsidiary for the 5 months that I worked and the US company -- there were the same names, but different addresses. She just made a single entry in the original N400 application with the US company address.
Then came the trips outside US part and I had a page for that -- she looked at it and commented that I had 2 long trips (4.5 months and 5 months) and asked me if I traveled right after I applied to which I answered in affirmative. She asked me if I stayed outside the US for more than 6 months and I said that I didn't. She asked me how the company allowed me to stay and work remotely and I told her that since I had been working with my manager for long, they let me do that. She just double checked that it was an American company and not my own compay.
She moved on and asked about the rest of the application (about my wife's name, kids details, part of communist, whether I am willing to take the oath, etc).
Then came the history questions -- she gave me a sheet of paper which had about 10 questions and asked me to read the question first and then answer it.
I started doing that (I don't remember all the questions, but they were simple questions like
What is the bill of rights,
who said "Give me liberty or give me death"
Who wrote the declaration of independence
and so on.
As I was doing that, she was doing some other work (doing something with her computer and printer) and it made me think that she wasn't listening and didn't care, but it turns out they are very smart and can multitask
For the question, "who were the enemies during world war II", I incorrectly answered "Germany, Italy, Great Britain" (Trust me I have read this part of the world history and I knew the answer, but I guess I was happy with the way things went so far and little nervous at the same time. She interrupted me and asked me to read that again. Then I realized my mistake and answered "Germany, Italy and Japan".
She then asked me to write "I go to work everyday".
Then it was standard procedure -- sigining the application, cursive name writing in the application form, two photographs.
Then she handed out the N-652 (Citizenship interview results) -- which said that I passed the english, history tests and that my application is recommended for approval.
She told me that I would get oath notice in mail and most likely it would be in April.
I was not much hopeful (probably 50-50) when I went in, but am very happy at the end. I still think I am lucky and got a nice officer.
In my opinion, two key things helped in my case -- my trips were never 6 months or more and I was working for an American company even when I was away.
Good luck everybody in similar situations.