Life After GC ?

[BAGUSAC]

Hi Gurus,

I did see some threads in this forum about Life after getting your GC.

Had few questions for which I could not get a confident answers about so would request your thoughts or opinions ??

1. How long should one stay with the GC sponsored employer [ Some forums and Rajiv and Murthy and other articles state 6 Months should be OK ]
For not being considered a fradulant case or even having issues during citizenship filing ?


2. What are the doc's if any checked at the POE after getting your GC - Is showing the card enough ? - Should we stand in a separate line ?

3. Should the SSN # be modified within any given timeframe ? If so how fast should it be done ? - Can one leave the country before getting the SSN transferred ???


Thanks in Advance,
BAGUSAC

 

[Superstring]

2. What are the doc's if any checked at the POE after getting your GC - Is showing the card enough ? - Should we stand in a separate line ?

At minimum, you will need your valid passport plus GC.

As you are probably aware, PRs are each time admitted again into their residency upon arrival to US. There is no automatism here and you can be put through so-called secondary inspection if your case deserves more attention. For example, if your stay outside of US was very long and/or you have weak ties to US or .....

You can be certain that you will be asked questions about the length of your stay outside of US.

IO Officers at POE have right to take away your green card if they deem that you abandoned your residency.

PRs are generally advised to carry some documents (as a backup only) that can prove their residency should they ever be questioned about it. Samples of these documents: bills, tax receipts/returns, leases, etc.

At POE, you are getting in line marked "US citizens/US Permanent Residents". Typically, there are only two types of border/passport control lines: non-immigrants and immigrants/citizens, i.e. there is no separate line for PRs.

Please keep in mind that ENTERING US with so-called "Immigrant Visa" gained via consular processing (i.e. entering US first time as PR resident; since you get your status out of US) requires special processing and you will be immidiatelly sent to the secondary inspection.

3. Should the SSN # be modified within any given timeframe ? If so how fast should it be done ? - Can one leave the country before getting the SSN transferred ???

It should be modified right away if all possible...sooner the better. It is up to you...no specific timelines. Do you want your benefits or not?

SSN processing has nothing to do with your travel schedule. However, keep in mind:

(1) You need to maintain your PR residency (there are numbers of postings/threads on that in this forum)....Longer trips outside of US can endanger your PR status. Please be careful with that.

(2) SSN might ask for more clarifications or documents or who knows what.....Hopefully, there will be always someone who could handle these requests on your behalf while you are on your short trips outside of US.

(3) Once processing is done....they might send you an updated SSN card. You need to recieve that....

Hope this helps.

P.S.: I'm not a lawyer. I'm not an immigration expert. I'm just an ordinary guy. You are soley responsible for your actions.

 

[pplu]

It should be modified right away if all possible...sooner the better. It is up to you...no specific timelines. Do you want your benefits or not?

But I don't think you will get more benifits if you apply your new SSN card sooner. Actually I think if you have been working with H or L visa, obtaining GC won't get you any extra social benifit.

Just my guess.

 

[Superstring]

But I don't think you will get more benifits if you apply your new SSN card sooner. Actually I think if you have been working with H or L visa, obtaining GC won't get you any extra social benifit.

Just my guess.

Actually, I think that there are some more important benefits for GC holder than H/L visa. Also not 100% sure.....but I think that disability is not guaranteed for H/L visa nor social security pension (if you qualify) nor unemployment benefits.....i.e. you can contribute, but you do not get to take "the cream".

Regardless.....Probably more important thing is that you want your SSN to be linked with your correct immigration status if your potential employer is using or will be using SSA computer system to double-check your status.

If I were you....I would do it right away. It takes 5 minutes and generally does not require any interviews/additional appointments etc.

If so, why not do it?

 

[pplu]

I have done that several months ago

 

[LongLostHopeIN]

How do I do the SSN updates?

Superstring,
After reading your post, we decided to update our SSN also. How do we do this? Do we need to go to the SSN office personally or we can do it by mail, on-line? Is it application for new SSN or what? Please pardon our ignorance since we never heard such thing about updating SSN before.

Thank you very much for the information.

Actually, I think that there are some more important benefits for GC holder than H/L visa. Also not 100% sure.....but I think that disability is not guaranteed for H/L visa nor social security pension (if you qualify) nor unemployment benefits.....i.e. you can contribute, but you do not get to take "the cream".

Regardless.....Probably more important thing is that you want your SSN to be linked with your correct immigration status if your potential employer is using or will be using SSA computer system to double-check your status.

If I were you....I would do it right away. It takes 5 minutes and generally does not require any interviews/additional appointments etc.

If so, why not do it?

 

[Superstring]

Superstring,
After reading your post, we decided to update our SSN also. How do we do this? Do we need to go to the SSN office personally or we can do it by mail, on-line? Is it application for new SSN or what? Please pardon our ignorance since we never heard such thing about updating SSN before.

Thank you very much for the information.

Glad I was able to help....

The best way is to go in person to SSA office. There is no on-line filing, but you can do it via mail. I would not use mail......i.e. you do not want to send any important document or information in mail.

(1) Go to ssa.gov web site. Find the closest office.
(2) You will need to use form SS-5. You can download it from their web site or your can fill it out when you arrive to the office. It is straightforward.
(3) This is actually not an application for new SSN, but for an update. You will mark in your application that you already have SSN. Keep in mind once you become US citizen, you will need to do this again.
(4) Bring with you your GC, driver's liscence and passport. (Make copy of GC and passport).
(5) They will examine your documents and return them to you. SSA will also check your status in USCIS computer system.
(6) If SSA has some problems with your status, they will issue you so-called "Can not update your records....." letter at the spot.
(7) Otherwise, you are all set.
(8) If applicable, your will recieve your new SSA card in the mail (of course with your old SSN number but new message).
(9) Note: If you are NOT in USCIS computer (due to whatever reason), you WILL NOT get your SSA record updated. So, you get an additional benefit....checking your USCIS record.

As with most things in America, Government does not invest resources in public education. Immigration is considered benefit and government assumes that immigrants will find information if they are interested in it and need certain benefits.

It is not like you HAVE to change your SSA status.....this is purely optional. However, if you ever need to use them, they will reject to pay you any benefits if you do not have the correct status. Sure....you can change your status then.....but, why not do it in advance? Plus you want to make sure that SSN computer system (if used) by employers shows correct info.

P.S.: I'm not a lawyer or immigration or tax or SSN expert. I'm just an ordinary guy. You are soley responsilbe for your actions.

 

[LongLostHopeIN]

Thanks Superstring

Thanks for the detailed information and also the additional information for after being US citizen.

 

[BAGUSAC]

Thanks; But request to few questions ?

Thanks a million Superstring; Sorry to harp on these question again.
Really appreciate your reply in advance

1. What is the time line for the new SSN to arrive [ With the updated message with the old SSN # ]?
2. How many months / Year should I stay with my employer after getting the GC ? - Somewhere it says 6 months should be fine ; otherwise it says 1 Year any idea what is the right time line to jump ? [ Reason being if I update my SSN my employer will also get notified right ? In which case he might start being more suspicions of any possible jump from my side ? ]
3. with GC can one stay out of the country for 6Months + or 1 Year + before updating in the visiting country of any possible extended stay ?

Thanks in Advance once again !

BAGUSAC

 

[Superstring]

I'm glad it was helpful.....

Here is my 2c....

1. What is the time line for the new SSN to arrive [ With the updated message with the old SSN # ]?

It depends....If your case is clear and clean and your SSA center has normal workload, you should be getting newly printed SSN card with old SSN# in less than 2 weeks.

Otherwise......you might wait until they clear your status.

2. How many months / Year should I stay with my employer after getting the GC ? - Somewhere it says 6 months should be fine ; otherwise it says 1 Year any idea what is the right time line to jump ?

It depends....on your case, and that depends on showing "good faith" to get settled in US as opposed to circumvent immigration laws. There is no magical formula.

Many folks think that immigration is somehow mechanical and has clear cut-off dates, intervals etc. While there are some matemathical rules and useful guideliness, there is no sliver bullet.

Immigration law/officers look through simple mechanical schemes, artifical numerical requirements and try to go under the "hood" and figure out what the reality is.....

For example...if some one literally arrives to US few days a year (little shy of 1YR requirement), this does not mean that this person is not violating GC status. Pure matematics will actually put this person in a serious trouble. Along these lines, some immigrants suscribe to so-called "short trips to US" myth that they can preserve residency by travelling to US let say once a year for a week or so. That's an urban legend.

Needless to say, mechanics/math is just one pointer....So, be careful with the "math".

If I were you, I would error on the side of caution.....the longer the better.

Reason being if I update my SSN my employer will also get notified right ? In which case he might start being more suspicions of any possible jump from my side ?

Not really....But it depends....Some employers are linked via SSN verification system directly. Do not know why you filing for SSN status change would be suspicious for your employer? This is your private issue.

with GC can one stay out of the country for 6Months + or 1 Year + before updating in the visiting country of any possible extended stay ?

Not sure I understand the question fully. But, I have sense that you are interested in PR travel.

There are so many articles and opinions on how to maintain GC status. Some of them are posted in this forum. Review few last threads.

Generally, long absences from US can break continuous residency requirement for naturalization purposes (>6months). Absences over 1YR without re-entry permit create automatic presumption for permanent residency abandonment.

But, as I mentioned, you need to maintain your GC and be careful with your long absences from US. Even absences far less than 6 months can cause suspicion and further scrutiny.

In this area, there is a famous court case "Matter of Kane", which talks about an immigrant who thought that she could perserve her GC by travelling to US for a vacation once a year. Courts ruled strongly that she abandoned her residency despite the fact that she was "matematically" absent less than a year.

You have nothing to worry if you live for "real" in US. If not, sooner or later, you will be in trouble. IO officers at POE always ask about PR whereabouts and length of stay outside of US upon their return.

GC is not intended to serve as super tourist-visa. It is expected that GC holder will have real residence in US, will file taxes, have only temporary trips abroad, have strong links to US etc.

Please keep in mind that "intent to live in US" is not a proof of residency. Courts and officers want to see REAL residency and ACTUAL living in US. That can be tested and proven relativelly easy with things like tax filings, jobs, leases, property etc.

P.S.: I'm not a lawyer. I'm not an immigration or SSN or tax expert. I'm just an ordinary guy and you are soley responsible for your actions.