Maintaing Permanent Resident Status
- Thread starter k25m25
- Start date
How long have you been a PR? How long do you plan to be out of the country? Will you still maintain you life here (house, apt., bank accounts, credit cards)?
Apply for a re-entry permit, which will allow you to maintain your PR status for 2 years - this is because the document is valid for 2 years and you will have to return before the document expires. You will have to remain in the US until you have taken the biometrics for the re-entry permit or else the application will be considered abandoned. Use Form I-131 and fill out the information that is applicable for re-entry permit only.
Keep in mind that this will reserve your permanent status, but will not preserve the continuous residence requirement for naturalization purposes.
Keep in mind that this will reserve your permanent status, but will not preserve the continuous residence requirement for naturalization purposes.
Username123
Registered Users (C)
One immigration advice web mentions that it's not advisable for a PR who lives temporarily outside the US to enter the country via an airport close to a major tourist destination, such as Miami. I'm considering doing just that - coming to the US via Miami for a few days. I have a green card which i'd like to maintain, although i'm currently abroad due to difficulties finding a job in the US. How risky do you think it would be for me enter the US via Miami vs. New York, which is my "default" port of entry.
Triple Citizen
Registered Users (C)
Again, how long are you going for? Will you maintain a residence here?
immigrateful
Registered Users (C)
Check out/search for the following in these forums or the Internet:
1. Physical presence
2. Continuous residency
3. N-470
TheRealCanadian
Volunteer Moderator
For 3 to 4 years? No.
I dont think that would work...but there are guidelines you should read and see if they can be used to mitigate your situation
This is not a while, this means forever. GC is for permanent residence in US not overseas. If you have really a reason to be outside, you have to apply for I-131 for 2 years and the USCIS may approve that or deny it based on the reasons you will mention in your application. The number of GCs for every country is constant and I may say limited, so the USCIS needs actual people to stay here and participate actively in the US according to every one category.
But can't he apply for reentry, go for 2 years, come back, apply for another reentry and come back still after consecutive 2 years for good? It is a bit tricky because you have to maintain ties for such a long time...... But I thought that with a bit effort this is possible to pull off?
Yee Man Chan
Registered Users (C)
If it is 3-4 years, then you have to lie.....
Why? Can't he apply for reentry, go for 2 years, come back, apply for a second reentry and go for another 1-2 years?
cafeconleche
Registered Users (C)
He can try. I guess it's worth a try.
Yee Man Chan
Registered Users (C)
It is worth a try definitely. There really is not much to lose to try. But I haven't heard of anyone tried this yet, so he can be the first.
Contrary to what the other posters say, it is not completely impossible, just very, very risky. I know several people who basically live outside the United States and come back every year for around a month using a Re-entry Permit. They have done this for the last four years without incident. However, I must warn you that they have been very lucky. I also know others that have been detained upon entry into the United States attempting to do the same thing. They were asked to voluntarily give up their LPR status and accepted immediate "voluntary departure" from the US on the next plane back to their country. Other people have had their greencards taken away and placed into removal proceedings when they refused to voluntarily leave.
However, one thing you should know is that your LPR status cannot be taken away while you are outside the United States (unless you apply for a change of status yourself). That means it all depends on what happens when you attempt to re-enter the country. If the immigration officer is not paying attention he/she may just stamp your passport/re-entry permit and let you into the country without really noticing how long you have been gone. However, if the IO really looks at your passport and notices the length between the entry dates, then you will be sent to secondary inspection and questioned about why you have been gone so long, or why you keep leaving the country for long periods. It is at that point where an officer will accuse you of not maintaining permanent residence and ask you to voluntarily give up your status or face proceedings.
The way I understand it and I am a layman -so don't take this advice seriously- it all depends on your circumstances. Do you have a temporary purpose of going abroad for an extended trip? Reentry helps kind of document this. But it would be good to have a temporary purpose like taking care of sick parents or sthg.
Then - you have to file taxes as resident.
Then - it would be nice for you to maintain ties to the US - property, storage, employment, bank accts, credit cards etc.
But if you do all of this - how can they take your GC away - this will probably not fly with the court. If you play your cards correctly you will be able to show that yoy always maintained intent to come back to live in the US for good.
Disclaimer:
I am not a lawyer and don't take this advice seriously.