How long can one keep GC active?

[kahan_funs_gaya]

If one does not want to file for ctznshp in forseable future. How long can one keep GC active?

Assuming a trip of 8-10days is made every 7-8 months, US address, bank account etc. etc. is maintained and "Resident taxes" are filed with(/out?) disclosing foreign employment?

Any other conditions am I missing?

 

[kahan_funs_gaya]

Clarification - Active GC definition for me is that I can go back to US and settle if I want to.

@anderson24 - Are you suggesting that one can keep doing this travel for 10 years and have his/her GC active?

 

[namecheckvictim]

The card itself expires in 10 yeas but your status never does, you can live on a GC for all of your life if you want and there are lot of People that just do that, prime example of them are Japanese Citizens and other developed countries.

 

[kahan_funs_gaya]

The card itself expires in 10 yeas but your status never does, you can live on a GC for all of your life if you want and there are lot of People that just do that, prime example of them are Japanese Citizens and other developed countries.

I am reading other posts where people mention that their GC will be cancelled if they travel frequently and are perrennially out of US? Am I misunderstanding something?

 

[namecheckvictim]

As long as you maintain your residence in US ( Apartment, House, Bills, Bank statements etc ) and your trips are less than six months, you can travel 10 times in a year if you want to if you maintain those two requirements.

 

[Jackolantern]

I am reading other posts where people mention that their GC will be cancelled if they travel frequently and are perrennially out of US? Am I misunderstanding something?

There are two issues being confused here.

The first is how long you can live in the US with a green card without applying for citizenship. The answer is your whole life .... IF you don't travel too much and don't commit any deportable crimes, you get to keep your green card status for life (assuming you have an unconditional 10-year green card, not a conditional 2 year card based on marriage or investment).

The other issue is how much you can travel without losing your green card. Your plan of staying abroad for 7-8 months at a time, and doing this on a repeated basis with only short stays in the US in between trips, is not sustainable in the long term. After 3 or 4 years of traveling like that, an officer at the port of entry is likely to notice the pattern and force you to see an immigration judge.

 

[kahan_funs_gaya]

Thanks Jack!!!!
Loved clarity of your answer.

What is your take on disclosing foreign income on US tax returns, granted tax exemption on income of $91,000+ is there.

 

[BigJoe5]

Thanks Jack!!!!
Loved clarity of your answer.

What is your take on disclosing foreign income on US tax returns, granted tax exemption on income of $91,000+ is there.

You are suppossed to report worldwide income as a U.S. resident or USC. IRS rules need to be consulted as to how much tax is actually paid. Foriegn taxes are taken into account, they don't screw you TOO bad.

As to the original issue in this post. As a greencard holder you are viewed as making an "application for admission" just like any other alien seeking entry to the U.S. when you have been outside the U.S. over 180 days (6 months) at a time, or if you have "abandoned residency in the U.S.", or committed an offense/act that makes you inadmissible. INA 101(a)(13)....

INA 101 (a)

(4) The term ``application for admission'' has reference to the
application for admission into the United States and not to the
application for the issuance of an immigrant or nonimmigrant visa.

(13)(A) The terms ``admission'' and ``admitted'' mean, with respect
to an alien, the lawful entry of the alien into the United States after
inspection and authorization by an immigration officer.
(B) An alien who is paroled under section 1182(d)(5) of this title
or permitted to land temporarily as an alien crewman shall not be
considered to have been admitted.
(C) An alien lawfully admitted for permanent residence in the United
States shall not be regarded as seeking an admission into the United
States for purposes of the immigration laws unless the alien--
(i) has abandoned or relinquished that status,
(ii) has been absent from the United States for a continuous
period in excess of 180 days,
(iii) has engaged in illegal activity after having departed the
United States,
(iv) has departed from the United States while under legal
process seeking removal of the alien from the United States,
including removal proceedings under this chapter and extradition
proceedings,
(v) has committed an offense identified in section 1182(a)(2) of
this title, unless since such offense the alien has been granted
relief under section 1182(h) or 1229b(a) of this title, or
(vi) is attempting to enter at a time or place other than as
designated by immigration officers or has not been admitted to the
United States after inspection and authorization by an immigration
officer.

 

[Jackolantern]

Thanks Jack!!!!
Loved clarity of your answer.

What is your take on disclosing foreign income on US tax returns, granted tax exemption on income of $91,000+ is there.

I would advise against using that exemption, as it highlights your ties to the other country and could cause a problem for preserving your green card or becoming a US citizen.

Instead, look into using the Foreign Tax Credit (see http://www.irs.gov/taxtopics/tc856.html and www.irs.gov/pub/irs-pdf/p514.pdf), which would allow you to credit most or all of the taxes paid to the other government against your US tax liability, resulting in you paying little or no US taxes. Or make use of tax treaties between the US and the other country where you will work, if applicable.

 

[kahan_funs_gaya]

I would advise against using that exemption, as it highlights your ties to the other country and could cause a problem for preserving your green card or becoming a US citizen.

Instead, look into using the Foreign Tax Credit (see http://www.irs.gov/taxtopics/tc856.html and www.irs.gov/pub/irs-pdf/p514.pdf), which would allow you to credit most or all of the taxes paid to the other government against your US tax liability, resulting in you paying little or no US taxes. Or make use of tax treaties between the US and the other country where you will work, if applicable.

Great!! Thats exactly why was I asking. Did not know smthg like FTC exist.
Will go through IRS pubs.

Regarding the other point. Based on your details making a short trip before 6 months are over is the safest path to keep GC status valid for 3-4 years.
May not need for that long, 2 years more than sufficient.

 

[Jackolantern]

It's not really safe to keep up that travel pattern for 3-4 years. I'm saying that usually an officer notices the pattern and harasses you for it by the time you have accumulated 3-4 years of traveling like that. Sometimes they'll notice it at 18 months and give you a warning, and if you make another long trip in the near future after that warning you'll get sent to an immigration judge.

May not need for that long, 2 years more than sufficient.

Then apply for a reentry permit, which preserves your green card* for 2 years while abroad, and you don't need to take a single trip back to the US before the end of those 2 years. Having a reentry permit is very safe, at least during the first permit.


*but it doesn't preserve eligibility for naturalization

 

[kahan_funs_gaya]

Thanks Jack!!

Timing of my green card sucked. Waited for 10 years and when decided to quit, 2 weeks before leaving US for good, got green card in my mail box.

There was no time for fingerprints and all that which goes with re-entry permit.
May be I can make a short trip to apply for re-entry permit and then fly back when needed for fingerprints.

In hindsight first step could have been done before leaving.

 

[Superkruz]

*but it doesn't preserve eligibility for naturalization

Would you please clarify this statement?
Does it mean that:
1. a GC holder that left the US for 2 years on a re-entry permit can never became a US citizen, or
2. the residency counter is reset back to 364 days (the last 364 days of the re-entry permits counts towards your continuous residence).

 

[Jackolantern]

Would you please clarify this statement?
Does it mean that:
1. a GC holder that left the US for 2 years on a re-entry permit can never became a US citizen, or
2. the residency counter is reset back to 364 days (the last 364 days of the re-entry permits counts towards your continuous residence).

Neither. What I meant was that holding the reentry permit doesn't protect you from breaking continuous residence for naturalization purposes. Once you break continuous residence, you can always rebuild it and regain eligibility by waiting long enough and spending enough time in the US after breaking it (with "long enough" determined by your particular situation -- whether it is 4 years and 1 day, or whatever), assuming you haven't done anything else to delay or destroy your naturalization eligibility like committing a crime.

 

[Superkruz]

Understood. Would another way of putting it be to say that, a re-entry permit:
- Does protect your potential eligibility for naturalization, but
- It does not preserve continuous residence?

 

[TheRealCanadian]

It does not preserve continuous residence. It merely serves as official recognition that your departure from the US of >6 months is temporary in nature, and not abandonment of your permanent resident status.

 

[Superkruz]

It does not preserve continuous residence. It merely serves as official recognition that your departure from the US of >6 months is temporary in nature, and not abandonment of your permanent resident status.

I understand that it does not preserve continuous residence (I wrote that in my last post).
My concern was with the fact that it "does not preserve your eligibility for naturalization", as Jakolantern put it. I was unsure what he meant, but he subsequently clarified it for me.

 

[thanushan]

guys i am from Srilanka
i am a green card winner ... i got my visa on 15th December
i have a problem i am studying computer science in a university
i am going to USA coming February
but i have to come back to Srilanka for my studies....it takes to finish at least 2 years or more..
please advice me..
thanx....

 

[BigJoe5]

guys i am from Srilanka
i am a green card winner ... i got my visa on 15th December
i have a problem i am studying computer science in a university
i am going to USA coming February
but i have to come back to Srilanka for my studies....it takes to finish at least 2 years or more..
please advice me..
thanx....

Upon entry into the U.S. as an Immigrant, file an I-131 for a re-entry permit and remain in the U.S. long enough to be fingerprinted. You may request that the re-entry permit be sent abroad for you to pick up at the nearest consulte, embassy or USCIS office. The REP is good for 2 years and may be renewed with a new application from within the U.S. Plan ahead to remain in the U.S. long enough to apply and be fingerprinted again for the 2nd REP. It wil be issued for another 2 years. A third REP MIGHT be approved for one year but might be denied.

 

[thanushan]

if i get a re-entry permit can i become a US citizen later.....