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Going to India after receiving GC
- Thread starter narinder1808
- Start date
And you know that how???
I can read.
finnay
the officer questioned their continuous residency and scheduled another appointment to review the proof of the above (mortgage, lease, utilities, etc.)
Are you willing to bet your future in the US on that? Are you willing to bet other peoples' future in the US on that???
I wouldn't, because due to my job I have a vested interest to remain in the US long-term.
But for someone who is not dependent on his GC and plans to keep it 'just in case', maintaining the paperwork to show ties to the US is an entirely reasonable approach. (Not everyone is in love with this country and sees it as the only place in the world to grow old.)
What? Imaginary documents?
No, the thread you quoted.
What you suggest is illegal. Period. End of story.
It would be illegal to forge a W2, to forge a tax return and to forge a lease on an apartment. If the documents you produce are genuine, USCIS might still decide that they are not sufficient to proove an unabandoned residence and take away your GC, but this does not mean it is illegal (as in a activity relevant in the realm of criminal law).
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It is illegal if you use these documents to hide the fact that you are residing abroad.
They don't care so much whether you reside abroad, they care whether you maintained ties to the US and an unabandoned residence. If you have your re-entry permit, it is entirely legal to reside abroad for up to 2 years at a time.
LYING to the goverment is a bad idea, and if you remember I tried (in vain) to convince people on this board that lying to the goverment can get you into real trouble.
If you tell them what they want to hear without lying, no law is broken.
The OP was asked by his company to go back to india to help in starting up a branch office. In this situation it would be EASY to fashion this as a temporary assignment. He can get his re-entry permit, maintain some paperwork here and if he chooses so, return after 2 years without problems. If after 2 years he decides that he doesn't want to return, and doesn't want to be subjected to US taxation, he can go to the local consulate, hand his GC to the consular officer and make a statement that he wants to give up his PR status. No harm done, from this day on he would have to travel to the US as a visitor (and now be subject to the suspicion of wanting to immigrate because his daughter is a USC).
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The OP also talked about moving back for good. That clearly is not temporary, and therefore would result in abandoning the GC.
He also asked what he would have to do in order to maintain his GC. And the answer to that is that until he is ready to abandon his GC, the move abroad has to appear towards the goverment to be temporary in nature (letter from employer, maintaining an address in US, paying taxes). Whatever intent he has in the depth of his heart is irrelevant.
(you get so excited over the phrase 'for good', try to read the root post of this thread without these two words, maybe the cognitive dissonance gets a bit easier for you to endure
Let me do the hard work for you and remove the words that get you so excited:
EDITED ROOT POST
My wife and myself are GC holders. We received our GC in April 2004. My daughter is an US citizen. We are planning to move to India. My company has opened an office there and is asking me if I would like to reloacte. I am interested in the offer. Right now the plan is to move back to India xx xxxx. But we would like to keep our hard earned GC valid just incase.
Can you all please tell if this is even possible and if yes, whats the best possible way to do so to keep the GC valid so that if for some reason after sometime if we would like move back then we can still use it.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxx.
Appreciate all the help.
Thanks
)
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Pungiwalla
Registered Users (C)
Residence and Physical Presence
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months
OK, what about this ? Say I have already been in the US physically for 30 months, I take up a foreign assignment and keep visiting US every six months. Would I be still able to maintain my GC and apply 5 yrs from the reciept of PR as in that case I seem to have fulfilled all the requirements as above.
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months
OK, what about this ? Say I have already been in the US physically for 30 months, I take up a foreign assignment and keep visiting US every six months. Would I be still able to maintain my GC and apply 5 yrs from the reciept of PR as in that case I seem to have fulfilled all the requirements as above.