How to maintain my green card while living abroad

I

igui

Registered Users (C)
Hello, I have some questions about my green card. Thanks in advance for your help.

I got my green card 1 year ago. I would like to become citizenship as soon as possible. According to what I have read, you have to wait 5 years to apply and you have to live inside USA at least 50% of those 5 years.

I have a job offer in my country. What can I do to maintain my green card and to apply to become citizenship as soon as possible?

I have read that you can apply for a reentry permit of up to 2 years. Do this 2 years count as if you have been living inside USA? The logical answer is "no", but maybe the law is not so logical… that's why I ask this question.

If the answer is yes, then I could accept this job offer and return in 2 years to apply for my citizenship…

Thanks very much,

Ignacio
 
The reentry permit will only help you retain your GC status. You'll still need to meet the continuous residency and physical presence requirements for naturalization.
Is the job with a US company? If so, check if you are eligible for N-470 in order to retain your continuous residency for naturalization.
 
igui said:
If the answer is yes, then I could accept this job offer and return in 2 years to apply for my citizenship…
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Unless that job enables you to get an approved N-470, you will have to wait more than 4 years after the end of that 2-year trip to be eligible to apply for citizenship.
 
How to maintain my green card while studying abroad

Hello guys, I also have a similar question on the same topic.
I got my green card 3 yrs back in July 2007, and I have been living in US since then.
I have been accepted to a MBA school in UK.

Now, I want to go to do my MBA in UK and come back after that.
One thing may happen, that I may not get a job in US right away after doing my MBA.
So, I may have to work in UK for sometime before I can come to US.

I also don't want to delay filing my citizenship.
I can visit US from Uk as needed every 6 months or 1 yr to break absence.
I spoke to INS, they said that if I start living abroad, then I will loose my green card, and If I come once every few months, they may not let me enter at the port of entry.
Can you guys please advise.
 
defleopard22 said:
I spoke to INS, they said that if I start living abroad, then I will loose my green card, and If I come once every few months, they may not let me enter at the port of entry.
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They are correct.
To save your green card, you file for a re-entry permit which allows you to not return for 2 years (depending on how long it is approved for). Working abroad is a NO NO, unless you are working for a US employer and again this should be approved.

If you want to try returning every few months, of course it may work, but it is like a lottery. You may get lucky, you may not.
 
Thank you so much San jose.

1. My MBA is for one yr. I can visit before six months and then come back permanently before 1 yr, say 11 months and change. I don't want to delay filing my citizenship. On cbp web site, they say,
If you are a lawful permanent resident (green card holder), you may leave the U.S. multiple times and reenter, as long as you do not intend to stay outside the U.S. for 1 year or more.

https://help.cbp.gov/app/answers/detail/a_id/820/kw/lawful permanent

If I do so, as you pointed out, they may take it as continuous residency or not.

2. I own my home, but, I am planning to rent it. Can I use my friend's address as my permanent address and my mailing address. Or, Shd I use my home address, and talk to my tenants.

3. About employment, if I get a job with US company i.e., chase in London, will it count as job with US employer. I think, you mean, I can only work with approved N-470.

4. I am planning to file my taxes as resident every year.

5. if it sound risky, Shd I postpone my MBA. I don't want to delay my citizenship.

Thanks.
 
I am also planning to apply for re-entry permit, just in case. Can they still stop me, if I am coming before 1 yr.
 
If you stay abroad under 6 months each trip, and return for good before a total of one year, your chances of approval for naturalization are very strong (although there is no guarantee, and you may be denied for other issues if you have any).

However, if instead of returning to the US for good at the end of that year, you proceed to accept employment overseas, that could seriously damage your chances.

With your first reentry permit it is highly unlikely you will have any hassles at the port of entry as far as your stay overseas is concerned. Unless you already had a pattern of extensive travel right before you applied for the permit.
 
defleopard22 said:
3. About employment, if I get a job with US company i.e., chase in London, will it count as job with US employer. I think, you mean, I can only work with approved N-470.
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Unfortunately, there is no simple definition of what counts as a US employer for the purpose of the N-470. Chase of London might not qualify; their incorporation and ownership structure might put them as a UK employer (or even some other country) in the eyes of USCIS. You won't really know until you actually apply, or if you know of other people working for them who got an approved N-470.

Normally the successful N-470 applications are those where the person is already working in the US for the company and then the company sends them abroad and they remain as an employee of the US-based entity.
 
Hi

Jackolantern said:
Unfortunately, there is no simple definition of what counts as a US employer for the purpose of the N-470. Chase of London might not qualify; their incorporation and ownership structure might put them as a UK employer (or even some other country) in the eyes of USCIS. You won't really know until you actually apply, or if you know of other people working for them who got an approved N-470.

Normally the successful N-470 applications are those where the person is already working in the US for the company and then the company sends them abroad and they remain as an employee of the US-based entity.
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Hi,
That might not be true all the time.
My wife has a Green Card since 1995, she got it through her relative. She has been going back and forth to india and usa till 2006. Till 2004 she was have re entery permits for every 2 yrs. Some time she used to enter usa with in 6mts and stay for 1 week and go back to india. She never had any problems. She finished he school and and her medical school in 2004, From then she used to come to usa stay for few days and go back and then come back before 6mt period. So that her days will be counting. i guess there is some thing called 4+1 year thing, i am not sure about that. She got eligible for USC in 2008 Dec. Got her USC in April 2009 In California. We got married i 2006. I know for fact that she made lot wisits in and out the country. she never had any problems. She did it for almost 10 yrs. She worked in india as a doctor till 2006. she used to work in india and enter usa with in6 mts, stay for 1 week and go back. She maintained a bank account and did couple of transactions. she used that for continues of residency. As long as u keep ur mouth shut and do things nothing is going to happen, if you re enter USA before 6mts period ther eis nothing they can do to you. An immegration lawer told me that. Just make sure you enter back in 5 mts period.
So in your situation make sure u enter in 5mt 10 days and go back and come back agin in 5 mts 10 day. If u do that u wont loose you days that you accumilated and thay nees about 918 or 920 days for u to sat in usa with out staying out more that 6 mts. keep that in mind, You will be fine
 
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bigbull99 said:
Hi,
That might not be true all the time.
My wife has a Green Card since 1995, she got it through her relative. She has been going back and forth to india and usa till 2006. Till 2004 she was have re entery permits for every 2 yrs. Some time she used to enter usa with in 6mts and stay for 1 week and go back to india. She never had any problems. She finished he school and and her medical school in 2004, From then she used to come to usa stay for few days and go back and then come back before 6mt period. So that her days will be counting. i guess there is some thing called 4+1 year thing, i am not sure about that. She got eligible for USC in 2008 Dec. Got her USC in April 2009 In California. We got married i 2006. I know for fact that she made lot wisits in and out the country. she never had any problems. She did it for almost 10 yrs. She worked in india as a doctor till 2006. she used to work in india and enter usa with in6 mts, stay for 1 week and go back. She maintained a bank account and did couple of transactions. she used that for continues of residency. As long as u keep ur mouth shut and do things nothing is going to happen, if you re enter USA before 6mts period ther eis nothing they can do to you. An immegration lawer told me that. Just make sure you enter back in 5 mts period.
So in your situation make sure u enter in 5mt 10 days and go back and come back agin in 5 mts 10 day. If u do that u wont loose you days that you accumilated and thay nees about 918 or 920 days for u to sat in usa with out staying out more that 6 mts. keep that in mind, You will be fine
Click to expand...

What you just wrote is irrelevant to the N-470. Maybe you're mixing up N-470 and N-400.
 
Thank you Jackolantern. No, I have been staying in US for last 10 years and never stayed out except annual trips to India for few weeks.

Is there any such requirement that I have to stay in US for at least 180 days every year.

What about my home. can I rent it out.
I would need a US address to report on various forms and tax filing.
Should I use my friends address, I think, it is best to use my home address.
I will have mortgage statements, but, Do I need to maintain a home with full access?
 
defleopard22 said:
Is there any such requirement that I have to stay in US for at least 180 days every year.
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There is no specific requirement like that. But if you are consistently spending more time every year inside the US than outside, that makes it almost impossible for them to claim you broke continuous residence.

What about my home. can I rent it out.
I would need a US address to report on various forms and tax filing.
Should I use my friends address, I think, it is best to use my home address.
I will have mortgage statements, but, Do I need to maintain a home with full access?
Click to expand...
Maintaining a home with full access is much better evidence than renting it out. Although renting it out is better than selling it, especially if you resume living in it after you're done renting it.

The longer and more often your trips are, the more important it becomes to have stronger evidence of ties to the US, particularly if any trip is 6+ months. But if the trips for your studies total less than a year and are all under 6 months, you won't need particularly strong evidence.
 
Thank you Jackolantern.
1. So, in my interview, if they ask, I can say that I had rented my place to a friend, and I did not have full access. That won't automatically break continuous residence, and they will decide based on other factors. Actually, I rented my place even before I decided to go to UK, to move to NYC.
2. What address should I enter as my US address at POE. I don't think, it will matter to INS.
3. In the worst case, If I am not able to find a job in US after my studies, and if I have to work in UK for few months (6 months to 1 yr), how bad that will be. After my MBA, either I come back to US and look for job, or from London, I might be able to find a much better job in major bank in London, work there for few months and try for internal transfer to US.
I have also applied for re-entry permit, just in case.
 
defleopard22 said:
Actually, I rented my place even before I decided to go to UK, to move to NYC.
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That means your residence is NYC, and your rented-out place is just a real estate asset.

2. What address should I enter as my US address at POE. I don't think, it will matter to INS.
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US address at the POE? You don't fill out an I-94 as a permanent resident.

In the worst case, If I am not able to find a job in US after my studies, and if I have to work in UK for few months (6 months to 1 yr), how bad that will be.
Click to expand...
Unless it is a short-term fixed-length contract like an internship (e.g. similar to the OPT arrangement that students get in the US), taking employment in the UK when combined with your almost-1 year absence for studying will be very bad for your naturalization prospects.
 
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The rules state clearly that you cannot be out of the country for more than 6 months at a time. If you do otherwise there may be problems that may cause your physical presence in the US to start counting all over or worse it can even make you loose your green card especially being missing from the US for two whole years. I will advise you to forfeit that job in your country or let them know when you can accept to resume work with them due to things you have to conclude here and complete your process here before even thinking about applying for a job or anything outside the US (this should have been the first thing you think of before applying for anything outside the US).

For the other guy, my best advise to you is to call your UK school to defer your admission to another term (people do this all the time) until when you know you would be done with naturalizing here or plan to stay in the UK for only a semester at a time, which should be three months and then you are back in the US (a good idea will be to intern in the US after each semester, which will also make securing an actual job in the US after your MBA easier).

I myself have project interests in my home country but I have waited patiently and never even bothered travelling anywhere so I can complete the naturalization process and engage opportunities wherever they may be. This is what I did and I will tell anyone to do the same, of course you can travel briefly within the rules (just keep in mind that this only makes your application more complex) but don't plan to apply for anything that will rquire you to live outside the US and forgo your green card. This happened to a friend of mine who had both a US and Canadian green cards, he lives, works, and schools here in the US and eventually lost his Canadian one due to similar rules.
 
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Thank you Jackolantern and Jayoa.

>> That means your residence is NYC, and your rented-out place is just a real estate asset.

1. I have a signed lease. But, I have asked them to move in Aug end, so that I don't have to relocate twice. If I go to UK, I will just move to London instead of moving to NYC. Will that alone break continuous residency?

2. I called INS customer service and asked them about working outside. They said that due to bad economy, If you have to work outside for sometime, we will understand that. But, I don't have that in writing though. They said you might be okay from naturalization point of view, but asked me to check with u.s. customs border and protection (cbp), if they will let me come in every few months. I checked their web site, I can come and go as many times as I want , if I intent to stay out for less than 1 yr. I have also applied for re-entry permit, just in case.
In due normal course, I will be eligible to apply for citizenship in April 2012.
If needed, I can come back after my MBA within 1 yr to US and look for job here. But, I may not find as good of a job as I can find in UK.
 
Accepting employment abroad is specifically listed in the Adjudicator's manual as a negative factor for determinations of continuous residence.

Talking to CBP and USCIS won't give you any definitive answers for your situation. The interviewer (and perhaps his/her supervisor) are the ones who will evaluate the evidence and use their discretion to make the decision.

If you really need to get citizenship in 2012, don't do any extensive travel abroad between now and then. Otherwise, if you go ahead with your plan of overseas study + possible work, you're risking denial for breaking continuous residence. However, such denial will not permanently make you ineligible for citizenship. You will become eligible again when it is 5 years minus 90 days since the end of your extended absences.
 
defleopard22 said:
Thank you Jackolantern and Jayoa.

>> That means your residence is NYC, and your rented-out place is just a real estate asset.

1. I have a signed lease. But, I have asked them to move in Aug end, so that I don't have to relocate twice. If I go to UK, I will just move to London instead of moving to NYC. Will that alone break continuous residency?

2. I called INS customer service and asked them about working outside. They said that due to bad economy, If you have to work outside for sometime, we will understand that. But, I don't have that in writing though. They said you might be okay from naturalization point of view, but asked me to check with u.s. customs border and protection (cbp), if they will let me come in every few months. I checked their web site, I can come and go as many times as I want , if I intent to stay out for less than 1 yr. I have also applied for re-entry permit, just in case.
In due normal course, I will be eligible to apply for citizenship in April 2012.
If needed, I can come back after my MBA within 1 yr to US and look for job here. But, I may not find as good of a job as I can find in UK.
Click to expand...

What the USCIS is basically telling you is, it is up to the CBP officer to let you back into the US or not and I am sure they will enforce the law concerning overstaying outside the US on a green card; many have gotten into trouble like this because it is at their discretion at that point to let you in or not. If the guy who took your call was a CBP officer perhaps he would understand but he won't be the one attending to you and you know CBP officers would have encountered several similar and worse cases and may be conditioned not to consider your situation. What we are all saying is to be very careful, it will not cost you more than a couple hundred dollars to come to the US briefly after every semester.
 
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