Definition of "establish residence abroad"

[Hannah7]

Here on forum, we talk very often about a possible naturalization problem when LPRs "establish residence abroad". Technically, if a LPR establishes residence abroad and returns to the U.S. after a trip even less than 6 months, he can be deemed to abandon his GC.

What is exactly meant by "establish residence abroad" ?

Does it apply if one ...
- ... quits his job in the U.S. and goes travel the world for several months?
- ... moves abroad for a temporary gig and pays rent there?
- ... is the only immigrant in the U.S. from his family and goes regularly visit his family overseas?

 

[CalGreenCard]

To me the key is whether you have stronger residential ties in the US or elsewhere.

Does it apply if one ...
- ... quits his job in the U.S. and goes travel the world for several months?

I don't see how visiting other countries as a tourist for less than six months could possibly jeopardize one's US GC status.

- ... moves abroad for a temporary gig and pays rent there?

This seems a lot more dicey to me. If a person has a job in another country, a home in another country, and they are physically present in that same other country--it doesn't really look much like they are living in the USA anymore. If the arrangement is truly temporary and they maintain a US home--it is not likely a problem if they do this once.

But if the basic situation is that they having trouble finding work in the US, and will stay in the foreign country as long as the job lasts--IMHO, yes, they've established residence abroad.

- ... is the only immigrant in the U.S. from his family and goes regularly visit his family overseas?

I can't see this being a problem as long as the trips back are shorter than the time spent in the US.

The basic point is that you can't just game the system by moving abroad but returning to the US every five and a half months for a few days to maintain the GC. The first time you do this you will almost certainly get away with it as it will look like a one-time trip. After multiple occurrences the GC might be in jeopardy.

 

[Hannah7]

Thank you CalGreenCard for answering the question.

I think, establishing residence abroad, it is crucial question to all of us who are thinking about naturalization but at the same time travel.

I keep my travel pattern simple. I try to spend at least 7 months in the U.S. during each calendar year. I do travel a lot for pleasure and before every trip longer than just a week or two, I do leave my employment. So when I am travelling, I am also unemployed.

To me the key is whether you have stronger residential ties in the US or elsewhere.

I am minimalist. I don't own any house in the U.S. I do live with my close friends and help them paying their mortgage. Besides my closet with my clothing, I do own a car and bike here. But that's it.

My family (brothers and parents) all live overseas and have no intent to move here with me at this point. But truth be told, I do not own any property nor a car in my native country either.

I hope I'd still be good for naturalization ...

 

[CalGreenCard]

I am minimalist. I don't own any house in the U.S. I do live with my close friends and help them paying their mortgage. Besides my closet with my clothing, I do own a car and bike here. But that's it.

I don't think you would have a problem either with keeping the GC or naturalizing. In practice it seems to be people who are spending most of their time outside the US who run into trouble.