Maintaining permanent residence and overseas employment

[TkNeo]

I and my wife are hoping to get our green cards this year. We are thinking about moving to UK for a couple years. This move is just a short term career move so i can gain a certain international experience. After that we intend to move back to US permanently.
Can we do this and not get our admission denied ?

--During these 2 years, I can come to US for short trips (2-3 days) ?
--Or should i stay out for 2 years (one trip) and come back using a REP ?

I understand this violates continuous residence and can impact when i apply for naturalization. I will resolve that issue by delaying when i apply for naturalization (just wait longer) so i satisfy the 5 year continuous residency requirement.

Lot of useful information in this forum. Thanks to all the people who take time to reply.

 

[BigJoe5]

Here is a very well written explanation at this link: http://www.americanlaw.com/maintlpr.html Working abroad places you in danger of being deemed to have abandonded LPR status UNLESS it is specific employment that is covered somewhere in the INA and regs.

You also need to read 8 CFR 223, INA 101(a)(13) and (20).

See also 8 CFR 316.5 (c)

(2) Claim of nonresident alien status for income tax purposes after lawful admission as a permanent resident. An applicant who is a lawfully admitted permanent resident of the United States, but who voluntarily claims nonresident alien status to qualify for special exemptions from income tax liability, or fails to file either federal or state income tax returns because he or she considers himself or herself to be a nonresident alien, raises a rebuttable presumption that the applicant has relinquished the privileges of permanent resident status in the United States.

8 CFR 235.1

(f) Alien applicants for admission. (1) Each alien seeking admission at a United States port-of-entry must present whatever documents are required and must establish to the satisfaction of the inspecting officer that the alien is not subject to removal under the immigration laws, Executive Orders, or Presidential Proclamations, and is entitled, under all of the applicable provisions of the immigration laws and this chapter, to enter the United States.

(i) A person claiming to have been lawfully admitted for permanent residence must establish that fact to the satisfaction of the inspecting officer and must present proper documents in accordance with §211.1 of this chapter.

There is a whole lot more in the INA, 8 CFR, BIA Precedents and further court cases.

 

[Jackolantern]

I and my wife are hoping to get our green cards this year.

What is the basis of your green card process? An employer? A US citizen son or daughter who filed for you?

Depending on the basis of your green card, it may be better to delay the green card for a year or two, instead of getting it this year and then jeopardizing it by working abroad for 2 years.

 

[Anet]

Hi everyone.
I am just applying for a GC through marriage to USC. I am at the beginning of the process so I realize it will take a while.
We also are planning to go to England in a year or more For about 2 years or over.
I am an European Union citizen and he is an American citizen after my GC we want to apply for his work permit in European Union.
I was sure we can easily do that but the i read someone post about similar plans and the replay was that you may lose a status of permanent resident.
Is it really possible?
Even if my husband as USC goes with me?
Does anyone has a clue?
Thank you in advance

 

[TheRealCanadian]

Why are you bothering to get a GC if you're not going to live in the US at the same time as you get it?

 

[Anet]

Why are you bothering to get a GC if you're not going to live in the US at the same time as you get it?[/
Dear Real Canadian,
I know that maybe for you as a Canadian citizen GC is like a dream, full life in the US forever hurray!!!
As for my husband and me we want to get international experience, explore, learn and travel before the final settlement.
We want to keep all the opportunities open.
Plus i didnt say I will leave in a month but in a couple of years

 

[TheRealCanadian]

I know that maybe for you as a Canadian citizen GC is like a dream, full life in the US forever hurray!!!

Absolutely. I never saw water in its liquid form before I came to America.

As for my husband and me we want to get international experience, explore, learn and travel before the final settlement. We want to keep all the opportunities open.
Plus i didnt say I will leave in a month but in a couple of years

Your lives will be much simpler if you go for the GC before you decide to move to the US to reside. Get your international experience, and get the GC then. It'll take around a year to get, at which point you mentioned you were likely to leave. Otherwise you'll be back here asking how you keep the GC without living in the US or paying US taxes.

 

[Anet]

Your lives will be much simpler if you go for the GC before you decide to move to the US to reside. Get your international experience, and get the GC then. It'll take around a year to get, at which point you mentioned you were likely to leave. Otherwise you'll be back here asking how you keep the GC without living in the US or paying US taxes.

You are right i should have done that. However, I decided to wait for my husband to finish his school.
That's why i decided to apply for a GC
So here I am on this forum asking for the future matter.
I think everyone has right to ask without being judged and criticized.

 

[BigJoe5]

If the USC spouse were going abroad on behalf of the US government, a US employer or certain International Organizations, and he were dragging you along then, you would qualify for expedited naturalization immediately upon getting the greencard under INA 319(b).

IF you were going abroad on behalf of YOUR US employer or the US government or certain Internaional Organizations and had a solid year as a greencaqrd holder without even one day outside the US, the your time abroad could be protetced for later naturalization after returning. (This is the purpose of the N-470).

You do not appear to be in either situation or any of the other oddball sections of law available.

Getting a greencard before going abroad will be a financial burden and it will likely be difficult to maintain. A re-entry permit would allow you to go abroad for 2 years then come back and get another REP for another 2 years, a 3rd REP is possible but IF it were granted would be limited for one year.

Alternatively, you could put off the greencard process until you both want to return to the U.S. on a more permanent basis.

The main reason for you to obtain a greencard before departing is IF you have built up any unlawful presence that would bar you from re-entry for 3 or 10 years.

What is your status in the U.S. at this time?

 

[TkNeo]

Your lives will be much simpler if you go for the GC before you decide to move to the US to reside. Get your international experience, and get the GC then. It'll take around a year to get, at which point you mentioned you were likely to leave. Otherwise you'll be back here asking how you keep the GC without living in the US or paying US taxes.

You are right i should have done that. However, I decided to wait for my husband to finish his school.
That's why i decided to apply for a GC
So here I am on this forum asking for the future matter.
I think everyone has right to ask without being judged and criticized.

Anet, feel free to start your own thread.

 

[TkNeo]

What is the basis of your green card process? An employer? A US citizen son or daughter who filed for you?

Depending on the basis of your green card, it may be better to delay the green card for a year or two, instead of getting it this year and then jeopardizing it by working abroad for 2 years.

Jack, its an employment based green card. What do you mean by delaying it. We have filed out 485 and as i understand now the ball is in USCIS court.

 

[TkNeo]

Big Joe, Thanks for the prompt reply. Let me take a stab at my interpretation of these easy to understand laws and regulation

Here is a very well written explanation at this link: http://www.americanlaw.com/maintlpr.html Working abroad places you in danger of being deemed to have abandonded LPR status UNLESS it is specific employment that is covered somewhere in the INA and regs.

This link states that one's absence should be temporary. I've lived in US for 8 years. If we have property, bank accounts, file taxes, obtain an REP before leaving, wouldn't that be sufficient evidence to prove our intent to live in US on a permanent basis ?

The link also talks about US being your place of employment. It's not clear "when" (during your absence or after). After we move back US would be our permanent place of employment. And since we have a house in US, it's always our permanent home.

You also need to read 8 CFR 223, INA 101(a)(13) and (20).

Can you explain what does seeking admission mean ? and why its important ? To me it seems like if i don't stay outside US for more than 6 months, i will be off the hook ?

See also 8 CFR 316.5 (c)

This is for the purpose of naturalization isn't it? I will apply for naturalization 5 years after i have moved back to US and therefore would have obtained 5 yrs of continuous residence by then.

(2) Claim of nonresident alien status for income tax purposes after lawful admission as a permanent resident. An applicant who is a lawfully admitted permanent resident of the United States, but who voluntarily claims nonresident alien status to qualify for special exemptions from income tax liability, or fails to file either federal or state income tax returns because he or she considers himself or herself to be a nonresident alien, raises a rebuttable presumption that the applicant has relinquished the privileges of permanent resident status in the United States.

This means i will have to file taxes in US and UK both ? $$$$$

8 CFR 235.1

(f) Alien applicants for admission. (1) Each alien seeking admission at a United States port-of-entry must present whatever documents are required and must establish to the satisfaction of the inspecting officer that the alien is not subject to removal under the immigration laws, Executive Orders, or Presidential Proclamations, and is entitled, under all of the applicable provisions of the immigration laws and this chapter, to enter the United States.

(i) A person claiming to have been lawfully admitted for permanent residence must establish that fact to the satisfaction of the inspecting officer and must present proper documents in accordance with §211.1 of this chapter.

There is a whole lot more in the INA, 8 CFR, BIA Precedents and further court cases.

This whole thing is confusing. We want US to be our permanent residence. Why can a 2 year trip show a different intent ? People do live outside their permanent countries for brief periods of time during their lives and there should be nothing wrong with that.

again, thanks for taking time to reply

 

[BigJoe5]

Grabbing an employemnt based greencard and then immediately quitting and moving a broad to pursue foreign employment will have negative effects on the greencard status for a multitude of reasons.

If you do as you indicated it is likely that upon return after a very long absence, you could be referred to an Immigration Judge to defend your actions and try to keep your greencards.

Good Luck, you may need it.

 

[sanjoseaug20]

This whole thing is confusing. We want US to be our permanent residence. Why can a 2 year trip show a different intent ? People do live outside their permanent countries for brief periods of time during their lives and there should be nothing wrong with that.

I think BigJoe answered. I will put a different perspective, based on your verbiage.
Citizens do live outside their countries and still retain rights based on their citizenship.
Permanent Residents are in a contract and if they violate the basic tenet - "residency", why should get to be "permanent resident".
Definition of brief period of time seems to be subjective. US government grants citizenship based on 5 years of residency. Calling 2 years out of these 5 years "brief" is stretching it quite a bit.

 

[Jackolantern]

Jack, its an employment based green card. What do you mean by delaying it. We have filed out 485 and as i understand now the ball is in USCIS court.

I didn't realize you already filed the I-485. What is your priority date and category (EB1, EB2, or EB3)? When did you file the I-485? You might have to wait a couple years anyway for the green card to be approved, depending on those details. Employment-based I-485's often take years.

If it was a family member sponsoring you, you would have had more flexibility for delaying the GC; but in your case, you have to go along with your employer's schedule.

Like BigJoe said, leaving the US so soon and for so long after getting an employment-based GC could be problematic to your naturalization prospects and to keeping the green card itself. Think about the reasons why an employment-based green card is granted; you leaving to work overseas defeats the purpose. However, if the plan is for your US employer to send you to the UK, and then you're going to return to the same employer in the US, that's much less of a problem.