I realise this topic has been addressed a few times before, but I do have some other criteria and hence need readers' opinions. I got my GC in Jan 2002. Due to family reasons, I would like to live outside the US for 1-2 yrs beginning late this year end. I am aware that I can get a re-entry permit that should allow me to do this. I plan to let go of my rental residence for the duration and put some of my belongings in storage. Would this be construed as breaking the requirement for continous residence? I can use a friend's address for vital communications (like the DMV etc.) and will hang on to my credit cards and bank accounts and also file taxes (perhaps online) as a resident. To add to the mix, since I plan to be gone for a while, I have to give up my current job in the US and will obviously take a local job outside to sustain myself. On my return, I will probably have to hunt for a new job, unless I manage to get one from outside. My intentions are definitely to return to the US and continue my permanent residence after this temporary break. The question is - will the INS see things the same way on my return? Can anybody suggest better options or offer helpful advice for my situation?
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Leaving for 2 yrs with Re-entry Permit
- Thread starter sarakrish
- Start date
You need to do some research about this. Some good info is available, for instance, at Murthy's web site:
http://www.murthy.com/UDirtra.html
and at
http://www.americanlaw.com/maintlpr.html
As I understand it, there are three distinct and often confused issues regarding travel abroad for GC holders:
1) maintaining versus abandoning of a PR status
2) eligibility rules for U.S. citizenship
3) documents needed for a re-entry.
There are detailed rules regarding item 2), available for example at the official INS site in their Guide to Naturalization. My understanding is that the phrase "continuous residence" is only used in the rules regarding naturalization, so it is NOT directly relevant to 1) and 3)
Regarding 3), the situation is also more or less clear:
you can use a valid plastic card (or a passport stamp) to re-enter after a less than a year absence; you need either a re-entry permit or a returning resident visa for entry after more than a year absence; moreover, the re-entry permit by virtue of its 2-year validity cannot be used for reentry after more than a two-year absence.
The most important, and most amorphous, item is 1).
In fact, merely possessing the right docoments for re-entry is not enough. Each time you re-enter the country, an INS officer has the right to refuse your admission if he/she determines that you abandoned your PR status. Theoretically this applies to both short and long trips. There are, as I understand it, no time-specific rules about this (NO one or two year rules or six months rules etc).
Rather you are supposed to maintain your intent for each of your trips to be temporary in nature and maintain your intent to resume your residence in the U.S.
This is best done by carefully documenting the temporary nature of each trip (having a definite date for planned return is good in this regard) and maintaining tangible ties in the U.S. (family, job, property, credit cards, bank accounts etc).
In your case I think that putting your stuff in storage is actually a good idea; this is certainly much better than moving it out abroad.
Maintaining credit cards, bank accounts, drivers' licence as well as filing U.S. resident income tax returns are also good things to do.
If you can sublet or sublease your apartment instead of terminating a lease, this may also be a good idea.
The good news is that INS agents rarely bother asking any questions, especially if you have a valid reentry permit. Moreover, as I understand, they generally consider family circumstances (such as looking after a sick/old/young relative) to be a satisfactory reason for an extended temporary absence from the U.S. You should, of course, try to carefully document this, just in case.
http://www.murthy.com/UDirtra.html
and at
http://www.americanlaw.com/maintlpr.html
As I understand it, there are three distinct and often confused issues regarding travel abroad for GC holders:
1) maintaining versus abandoning of a PR status
2) eligibility rules for U.S. citizenship
3) documents needed for a re-entry.
There are detailed rules regarding item 2), available for example at the official INS site in their Guide to Naturalization. My understanding is that the phrase "continuous residence" is only used in the rules regarding naturalization, so it is NOT directly relevant to 1) and 3)
Regarding 3), the situation is also more or less clear:
you can use a valid plastic card (or a passport stamp) to re-enter after a less than a year absence; you need either a re-entry permit or a returning resident visa for entry after more than a year absence; moreover, the re-entry permit by virtue of its 2-year validity cannot be used for reentry after more than a two-year absence.
The most important, and most amorphous, item is 1).
In fact, merely possessing the right docoments for re-entry is not enough. Each time you re-enter the country, an INS officer has the right to refuse your admission if he/she determines that you abandoned your PR status. Theoretically this applies to both short and long trips. There are, as I understand it, no time-specific rules about this (NO one or two year rules or six months rules etc).
Rather you are supposed to maintain your intent for each of your trips to be temporary in nature and maintain your intent to resume your residence in the U.S.
This is best done by carefully documenting the temporary nature of each trip (having a definite date for planned return is good in this regard) and maintaining tangible ties in the U.S. (family, job, property, credit cards, bank accounts etc).
In your case I think that putting your stuff in storage is actually a good idea; this is certainly much better than moving it out abroad.
Maintaining credit cards, bank accounts, drivers' licence as well as filing U.S. resident income tax returns are also good things to do.
If you can sublet or sublease your apartment instead of terminating a lease, this may also be a good idea.
The good news is that INS agents rarely bother asking any questions, especially if you have a valid reentry permit. Moreover, as I understand, they generally consider family circumstances (such as looking after a sick/old/young relative) to be a satisfactory reason for an extended temporary absence from the U.S. You should, of course, try to carefully document this, just in case.
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Many thanks to everyone for your feedback. This is extremely helpful. I need some clarifications based on your comments -
I definitely do intend to maintain my bank accounts & credit cards etc. However, I was planning on providing my overseas address for any financially related account statements etc. This is obviously because I would need to receive and look at this information while I am away. On the other hand, I was planning to provide a friend's address to the IRS, DMV, Post Office and such organisations, so that there is a US address on record while I'm gone and I don't really expect to receive much mail or correspondence from these places anyway. Is this sensible and logical? Do any of you see a problem with this approach or can you advice me any better alternatives? Once again, all your input is much appreciated.
I definitely do intend to maintain my bank accounts & credit cards etc. However, I was planning on providing my overseas address for any financially related account statements etc. This is obviously because I would need to receive and look at this information while I am away. On the other hand, I was planning to provide a friend's address to the IRS, DMV, Post Office and such organisations, so that there is a US address on record while I'm gone and I don't really expect to receive much mail or correspondence from these places anyway. Is this sensible and logical? Do any of you see a problem with this approach or can you advice me any better alternatives? Once again, all your input is much appreciated.
I feel that you are over nervous. Re-entry permit shows your intention of leaving US for upto 2 years and also shows your intention back. As long as you follow the law such as filing tax, i do not think you will have any problem. You also maintain a residence though it is your friend's.
Most likely POE officer just asked you how many days you are away and why and let you in. Tell us if it is true two years later and see how interesting your post is.
Though I do not need to stay outside that long, I frequently fly in and out of US because of business. I never think about the question what if. But tell the truth, I would get as nervous as you are if I really sit down and think about so many ifs. Nothing is 100% safe or garanteed. I saw some people abandon GC to care the parents. Also I saw people goto extreme to get GC. After seeing all of these, I really feel many things in life are more important than GC, such as happyness and together with family.
The most easy pass is one time at JFK. The computer is down, so officer just stamped passport and let me go without actually check the photo or name (even not open that first page).
Most likely POE officer just asked you how many days you are away and why and let you in. Tell us if it is true two years later and see how interesting your post is.
Though I do not need to stay outside that long, I frequently fly in and out of US because of business. I never think about the question what if. But tell the truth, I would get as nervous as you are if I really sit down and think about so many ifs. Nothing is 100% safe or garanteed. I saw some people abandon GC to care the parents. Also I saw people goto extreme to get GC. After seeing all of these, I really feel many things in life are more important than GC, such as happyness and together with family.
The most easy pass is one time at JFK. The computer is down, so officer just stamped passport and let me go without actually check the photo or name (even not open that first page).