Maintaining LPR status after long leave

P

perdirent

New Member
My husband (citizen) and I (LPR) are planning to move abroad to be closer to my family. We may be staying there for several years and will be risking the chance of losing my LPR status.

1. What else can we do besides maintaining local bank activity, credit cards, renewing driver's licences, paying US taxes, so as to ensure I could keep my LPR status?

2. We understand that such absence will also reduce the chance of naturalization. I do not wish to renounce my citizenship to my country, hence at the moment I am not concerned about not being able to be naturalized. But I would like to know if it will increase the risk of rejection if I re-apply as a LPR if we decided to come back and stay.
 
The rules are simple: If you move abroad, you will lose your LPR status. Here they are in more detail:

You may be found to have abandoned your permanent resident status if you:

  • Move to another country intending to live there permanently.
  • Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  • Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  • Fail to file income tax returns while living outside of the US for any period.
  • Declare yourself a “nonimmigrant” on your tax returns
Click to expand...
 
You can't return, if it's more than 1 year, and you don't have a reentry permit. Your husband would have to file a petition for you. You would go through consular processing.
How did you get your current GC?
 
Well the simple answer is you can apply for a reentry permit good for up to 2 years. After that you loose your LPR status if you don't return to live in the US.

NOTE: just in case you are tempted to make periodic short visits to the US as a way to circumvent the rules, USCIS usually sees through this little scheme, and ultimately it does little to maintain either LPR status or Continuous Residence for naturalization purposes.
 
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