• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

How to keep Green Card if traveling outside often?

A

andrewned

Registered Users (C)
What is the best way to keep Green Card if the person is traveling outside US or stays in Canada often?

Thanks
 
In your Wallet or in a Safe?

I've heard if you loose your Greencard or It's stolen you can get it re-printed again it's just a messy process.:D
 
Frequent and especially long travels outside US may result in losing PR status (green card) as i understand.

What if someone does not want to move to US completely in the beginning or is employed in another country?
 
Maybe this helps you

Less Than a Year: Use Your Green Card

If you are a lawful permanent resident (immigrant) returning to the United States from a visit abroad of less than a year, you may apply for readmission by presenting your Permanent Resident Card ("Green Card") to the immigration authorities at a port of entry.

(The one-year time limitation does not apply to the spouse or child of a member of the Armed Forces of the United States, or of a civilian employee of the U.S. Government stationed abroad pursuant to official orders. In this case, the spouse or child must present the card mentioned above, not have relinquished residence, and be preceding or accompanying the member or employee, or be following to join the member or employee in the United States within four months of the return of the member or employee).


1-2 Years: Reentry Permit

If you are a lawful permanent resident or conditional permanent resident and wish to remain outside the United States for more than one year, but less than two, you require a reentry permit. A reentry permit is not required for a trip that is shorter than one year. (You should note that an absence of more than one year will break the period of continuous residence required to become a citizen, even if a reentry permit is issued -- see Application for Preservation of Residence). A Reentry Permit is also issued to lawful permanent residents who want to travel outside the United States, but cannot get a national passport from their country of nationality. A reentry permit is valid for two years and may not be extended.

An application (Form I-131, Application for Travel Document), along with the supporting documentation and fees, should be submitted while in the United States, at least 30 days prior to your proposed date of departure, to: U.S. Citizenship and Immigration Services, Northern Service Center, 100 Centennial Mall North, Room B-26, Lincoln, Nebraska 68508. If you think you may have to leave the United States before the reentry permit is received, you may have it sent to a U.S. Consulate or USCIS office overseas for pick up. There is a place on Form I-131 to furnish the information necessary to receive the reentry permit outside of the United States. However, even though you may receive the reentry permit overseas, the application must be submitted while you are still in the United States.



Application for Preservation of Residence

A Reentry Permit does not preserve residence for naturalization purposes. Form N-470 (Application to Preserve Residence for Naturalization Purposes) must be filed with USCIS prior to departure from the United States. This form is for lawful permanent residents who must leave the United States for certain employment purposes and wish to preserve their immigrant status in order to pursue naturalization. Further information may be obtained from the USCIS office having jurisdiction over your place of residence in the United States.
Click to expand...
 
andrewned said:
Frequent and especially long travels outside US may result in losing PR status (green card) as i understand.

What if someone does not want to move to US completely in the beginning or is employed in another country?
Click to expand...

Unless it's a US gov job that sending you to different country for long period of time, I don't think it's a good idea to do that. As many discussions on this forum I read before, there is not a specific way for USCIS to determine your intent of staying in the US. So, they can always take it away if they felt you are not intent to stay in the US.
 
andrewned said:
Frequent and especially long travels outside US may result in losing PR status (green card) as i understand.

What if someone does not want to move to US completely in the beginning or is employed in another country?
Click to expand...

It is probably best to ensure that each trip out of the US is less than six months in duration. The reason for this is that you will be considered a "returning resident" rather than an "applicant for admission" by the CBP officer at the port of entry. Persons who are "applicants for admission" may be placed into expedited removal. You can find more information about the differences between the two categories here (Chapter 13):

http://www.gani.com/public/immigration/forms/fieldman.pdf

While it may be possible to defer living in the US for several months while you sort things out in your home country, you will have to move here eventually, after all, that's why it is called a "permanent residence card"! I know of cases where green cards were taken away at the POE because permanent residence was deemed to have been abandoned.
 
Thanks a lot for your replies.
Less that 6 mounts travels - got it.

So how should someone prove that been outside for only 2 weeks for example ..

Yes, eventually moving in is a plan but it may take awhile to accomplish and 6 month deadline from stamping passport till move in date is unreasonable.
 
Last edited by a moderator:
andrewned said:
Thanks a lot for your replies.
Less that 6 mounts travels - got it.

What if someone leave US on a car or by foot into Canada ? I do not think that US officials always checking passports when people leave this way.. How should someone prove that been outside for only 2 weeks for example ..

Yes, eventually moving in is a plan but it may take awhile to accomplish and 6 month deadline from stamping passport till move in date is unreasonable.
Click to expand...

They may not have the same level of information when you leave across a land border as when you leave the US from an airport. Then again, there are a lot of cameras at border crossings these days. Canadian and US immigration may even share information, who knows. As I mentioned in another post, I personally witnessed a couple with green cards being grilled in secondary by a CBP inspector for staying out of the US for long periods. He knew exactly when they arrived and when they left during the last several years.

My point is that they are a lot stricter about abandonment of permanent residence these days. Many family friends of ours in the UK had green cards they obtained back in the 70s, but they continued to live in the UK. They went back on yearly trips to the US to "renew" their green cards for decades without any issues. Lately, I am hearing that one after the other is having their green card taken away at the POE. It is up to you really how much of a risk you are willing to take in this matter, but if I were you, I would be really, really careful and not underestimate how much information the immigration authorities do have.

The following article might also be helpful: http://www.klaskolaw.com/articles.php?action=view&id=51
 
Last edited by a moderator:
I only plan to move to the US for a year or two. I have no plans on returing regularly to keep my greencard or anything though, im happy to surrender it when I leave.
 
@ andrewps21: Are you kidding???? I'm sure the people whose life dream it is to immigrate to the US are very grateful that you take one of the precious 50'000 greencards even though you don't want it and don't need it!
 
andrewps21 said:
I only plan to move to the US for a year or two. I have no plans on returing regularly to keep my greencard or anything though, im happy to surrender it when I leave.
Click to expand...

This is why I think that US does need immigration reforms, andrewps21 you have every right to just want to go and work there for a few years, you are probably like me from a country that has a good bit going for it, but you fancied living in the US for a few years. That is the exact same position I am in. It would be fantastic if the US introduced like a 2/3 year temporary work visa for people to come to the US and get the chance to live and work in some of the cities over there, and then have an option to stay on if things work out for them. That said If I do go to the US, I will most likely stay till I have citizenship otherwise it would be impossible to get back over there after giving up your GC. :-)

But don’t feel bad if you only want to go for a few years I think that is more then reasonable, and your just being honest. I think that people have an idea of life in the US and the reality can be vastly different in practice, so they may want to go back to their home countries. I for one have not spent my life thus far building up my education/career to throw it away and work in what I would class as a substandard job, I do want to go and live in the US but not in detriment to my career. If I could not get a good job in my field of expertise I would be on the next flight home I promise you that! :-)
 
alemitmee said:
This is why I think that US does need immigration reforms, andrewps21 you have every right to just want to go and work there for a few years, you are probably like me from a country that has a good bit going for it, but you fancied living in the US for a few years. That is the exact same position I am in. It would be fantastic if the US introduced like a 2/3 year temporary work visa for people to come to the US and get the chance to live and work in some of the cities over there, and then have an option to stay on if things work out for them. That said If I do go to the US, I will most likely stay till I have citizenship otherwise it would be impossible to get back over there after giving up your GC. :-)

But don’t feel bad if you only want to go for a few years I think that is more then reasonable, and your just being honest. I think that people have an idea of life in the US and the reality can be vastly different in practice, so they may want to go back to their home countries. I for one have not spent my life thus far building up my education/career to throw it away and work in what I would class as a substandard job, I do want to go and live in the US but not in detriment to my career. If I could not get a good job in my field of expertise I would be on the next flight home I promise you that! :-)
Click to expand...

Wanting to live in the US only temporarily is fair enough. Depending on one's qualifications and citizenship, one could pursue an L1, H1B or TN visa. A green card is not the right vehicle for this though, if you are only going to stay here for two years or so, because of the rules requiring actual permanent residency. One can try and beat the system and some succeed, although I don't see why one would want to potentially create additional problems for oneself! Life is hard enough as it is.

More likely than not, like many generations of immigrants before us, both in the US and elsewhere, once in the new country, you will find it hard to leave! Most of the original immigrants from the subcontinent in the UK only came for "several years" to save some money and then return. In fact, decades later, most of them are still in the UK...
 
alemitmee said:
But don’t feel bad if you only want to go for a few years I think that is more then reasonable, and your just being honest. I think that people have an idea of life in the US and the reality can be vastly different in practice, so they may want to go back to their home countries. I for one have not spent my life thus far building up my education/career to throw it away and work in what I would class as a substandard job, I do want to go and live in the US but not in detriment to my career. If I could not get a good job in my field of expertise I would be on the next flight home I promise you that! :-)
Click to expand...

There's a big difference between immigrating to US and then realizing that it's not the right thing after all and going back to the home country, and taking a greencard away from someone else when you never intend to stay longer than a year or two. There are other means to do that!!
 
Actually guys this is the problem. H visas are employment centric as in you become tied to what ever employer grants it to you this is an inherent problem. Remember that the reason a H visas is granted will be down to local skill shortage. They are not geared towards the individuals desire to want to move to the US to live and experience culture such as possibility a J1 visa. Don’t be under any illusions the US government will only grant H visa’s where it can be demonstrated that the skills required just can’t be found locally. H visas are designed to help companies hire and expand thus help to fuel the economy and generate tax $’s and not for any purpose of the individual who is granted it. This may sound cynical but its also fact. Of course the side effect of having a H visa is that one gets to live in the US.

So in reality there is actually no vehicle for someone to get a visa and move to the us and chose their employer, therefore if one wants to do this they have peruse a green card. Yes this unfortunately may take GC’s off people who may genuinely want to move to the US and begin a permanent new life there but what else are people suppose to do?
If I want to go and work in the US why should I have compromise my career and limit my job possibilities to those companies only willing to offer me a H visa? And then be tied to that company for the length of that visa?

Don’t get me wrong I am not saying that I would not treat my own GC, If I got it, as a means to permanently relocate to the US, I am just pointing out the holes in US immigration. Maybe if they had a program where people could apply for a visa and move to the US and find a job that suits them then maybe the GC’s could all go to those that want or need them. As I said Its just an observation I have made over the years and in fairness the recent failed immigration reforms (problematic as they were, I did not agree with them by the way) did in some small way try to address this particular hole in the immigration laws. It seems to me its all or nothing with US immigration and I for one think that’s a flawed model and one that many EU and other courtiers have address with guest worker programmes.

bahadur007 said:
More likely than not, like many generations of immigrants before us, both in the US and elsewhere, once in the new country, you will find it hard to leave! Most of the original immigrants from the subcontinent in the UK only came for "several years" to save some money and then return. In fact, decades later, most of them are still in the UK...
Click to expand...

I totally agree with you here, I would be 99% sure to stay in the US once I got there.

Igmu said:
There's a big difference between immigrating to US and then realizing that it's not the right thing after all and going back to the home country, and taking a greencard away from someone else when you never intend to stay longer than a year or two. There are other means to do that!!
Click to expand...

I agree there is a big difference but without the proper program to try out life in the US people have little choice but to get a GC and then try life over there.

Guys its not as black and white for every one:

Get green card -> move to US -> live happy ever after.

As such I think that US immigration should facilitate people better.

This is just my general thoughts on it and I was not for one minute trying to trivialise the granting of a GC, as I could not describe in words how happy I am even at the prospect of getting one, I was merely trying to point out that there is inadequacies in the US immigration system.

Now go and enjoy your Friday nights every one :-) And sorry for my usual rants but I get a bit excitable about all things immigration related :-) ……
 
alemitmee said:
H visas are employment centric as in you become tied to what ever employer grants it to you this is an inherent problem. Remember that the reason a H visas is granted will be down to local skill shortage. They are not geared towards the individuals desire to want to move to the US to live and experience culture such as possibility a J1 visa. Don’t be under any illusions the US government will only grant H visa’s where it can be demonstrated that the skills required just can’t be found locally. H visas are designed to help companies hire and expand thus help to fuel the economy and generate tax $’s and not for any purpose of the individual who is granted it. This may sound cynical but its also fact. Of course the side effect of having a H visa is that one gets to live in the US.
Click to expand...

It's easier to get an H1B visa than you might think. An individual can normally remain in H1B status for up to 6 years, but it is possible to remain in H1B status longer subject to certain conditions. I had H1B status for 9 years before becoming a permanent resident through the DV lottery. Also, the company does NOT need to demostrate that the required skills can't be found locally, you're probably thinking of labor certification based employment sponsored green card applications. All the company has to do is to fax a labor condition application to the state's Department of Labor office. The labor condition application is one sheet, essentially certifying that the temporary worker is paid the prevailing wage, that's it. While in H1B status, I worked for three different companies in three different states. Once you have H1B status, you are not subject to numerical quotas if you want to change employer. You can start work for a new company as soon as the paperwork is filed, you don't have to wait for the transfer to be approved.

Of course, you do need a minimum of a batchelor's degree and the job must require it. Then again, I don't think, no, I know, that it is not that easy for someone from outside the EU to (legally) come into the EU to wash dishes... Come to think of it, there is a special agricultural visa class in the US for seasonal workers! There is even a special residency card for border commuters who live in Canada or Mexico, andrewps21 aka andrewned might want to look into this. Comparing US and EU immigration systems, in my view, there's no comparison, the US is far more open than the EU one. And I am not just EU bashing, I am an EU citizen by birth, having spent most of my life in various EU countries.
 
Last edited by a moderator:
Thank you for interesting points.

I myself do want to move to US eventually but is not ready yet. I do have decent job now and everything else that comes with it. And certainly I do not want just drop all that in order to blindly move into US. I want to take time to find the right place and job or at least one. Only then I'll permanently move. Therefore, I need to buy as much time as possible.

So 6 month to "activate" the status and 6 month to "not to loose GC" when being outside US. 1 year should be sufficient.. If not the I may try another let's say 4 month outside as this will be just second absence.
 
bahadur007 said:
It's easier to get an H1B visa than you might think. An individual can normally remain in H1B status for up to 6 years, but it is possible to remain in H1B status longer subject to certain conditions. I had H1B status for 9 years before becoming a permanent resident through the DV lottery. Also, the company does NOT need to demostrate that the required skills can't be found locally, you're probably thinking of labor certification based employment sponsored green card applications. All the company has to do is to fax a labor condition application to the state's Department of Labor office. The labor condition application is one sheet, essentially certifying that the temporary worker is paid the prevailing wage, that's it. While in H1B status, I worked for three different companies in three different states. Once you have H1B status, you are not subject to numerical quotas if you want to change employer. You can start work for a new company as soon as the paperwork is filed, you don't have to wait for the transfer to be approved.

Of course, you do need a minimum of a batchelor's degree and the job must require it. Then again, I don't think, no, I know, that it is not that easy for someone from outside the EU to (legally) come into the EU to wash dishes... Come to think of it, there is a special agricultural visa class in the US for seasonal workers! There is even a special residency card for border commuters who live in Canada or Mexico, andrewps21 aka andrewned might want to look into this. Comparing US and EU immigration systems, in my view, there's no comparison, the US is far more open than the EU one. And I am not just EU bashing, I am an EU citizen by birth, having spent most of my life in various EU countries.
Click to expand...

Interesting points. I guess I did not know the whole story in relation to H visas. I have spent years reading up about them, but trying to get to the US on one to me just did not seem worth the hassle. I guess I am just too lazy to try and organise one! :-) I mean I would like to spend some time living and working over in the US but it would certainty not be the end of the world for me if I did not make it over there. I like the idea of having a GC instead though because I could make long term plans if I had one, like buying a property and so on, although I know you can buy one on a H visa but its just that a H visa is limited in time frame and you would always have the need for a GC hanging over you before you could relax and settle down. As for non EU citizens coming to the EU, I suppose I have never been in that position, and as such know very little about immigration into the EU. I know our immigration laws here in Ireland are a bit all over the place, but they are being changed all the time to become tighter and tighter. I think maybe if this DV falls through for me, maybe I might have more of a open mind to H visa’s in the future! :-) fingers crossed I wont have to worry about it though.
 
alemitmee said:
I like the idea of having a GC instead though because I could make long term plans if I had one, like buying a property and so on, although I know you can buy one on a H visa but its just that a H visa is limited in time frame and you would always have the need for a GC hanging over you before you could relax and settle down.
Click to expand...

You're right about that one. I wasn't really that bothered about my temporary status for the first 6 years or so. But during the last three years, I realized that the US has become home to me. I feel a lot more relaxed now that I am a permanent resident!

alemitmee said:
I think maybe if this DV falls through for me, maybe I might have more of a open mind to H visa’s in the future! :-) fingers crossed I wont have to worry about it though.
Click to expand...

Don't worry, just follow the procedures and you will be fine! Based on how rank numbers progressed for DV2007, your rank number will probably become current in August 2008, so you want to make sure you have all your ducks in a row (documents etc) before that.
 
Last edited by a moderator:
You must log in or register to reply here.
Top