Please help - overseas employment and keep green card and citizenship issues.

J

James2004

Registered Users (C)
I have green card for about almost 4 years (only took about 3 weeks vacation outside US in the meantime). I am married (spouse is also a green card holder for 3.5 years) and 2 young kids (us citizens). Recently I got an offer from a non-US company in Aisa to work for them as a consultant to develop a management software system. The job will start early 2004 and require me to work overseas for 6-9 months each year for 2 years. For the rest of the time, I can come back and work for them from US. My family will stay at my current residence in the US and will not go with me in the meantime. I will keep filing my taxes and paying mortgages etc. I may also need to quit my current job.

I am not sure how all these is going to affect my plan to retain my green card and future plan for naturalization. The questions are:

1. By leaving the US for 6-9 months each year will have impact on retaining my green card? Even I come back to the US every 3-4 months for for 1-2 months during this time?

2. Do I have a problem when applying citizenship after I got green card for 5 years? Am I going to break the continuity of residence for naturalization requirement?

3. Can I apply a reentry permit based on overseas employment from a non-us employer?

Any thoughts and suggestions will be appreciated! Thanks a lot in advance for your time and help.
 
If you plan to visit every 3-4 months for a month and since you still maintain your residence as you family still lives here and file taxes and pay bills - I dont think this can be considered as abandonment of PR. You should be good to go in my opinion.

Good luck!
 
1. If u come back often, you are good to go. Natz will not have a problem.

2. Dont Stay abroad for over 6 months, file taxes, maintain other proof of residency in the US. Only if u stay over 6 months at a streach will will break CR

3. Reentry permit is only if you plan on staying for over a year at a streach which will break your CR Requirement. You can apply a RE for any reason, but family reasons are the ones given most pref..
 
It looks like you will have no problem, but in case you did somehow lose your green card if eg you had to stay overseas longer....

Your wife can still apply for her citzenship if her timeline is similar to your and she can then sponsor you and you will get a nrew green card very quickly.

regards
 
Hi PhillyDude, Rahul, and User12345:

Thank you all for your responses and time to help fellow immigrants. I definitely will take all of your suggestions when I make decision. Thanks again.

James2004
 
Originally posted by danny229
what will be the good reason for appling re-entry permit?
any suggestions
Click to expand...

Apply based on the reason you are wanting to leave the US for over 1 yr.

Generally family/religious reasons are good, employment reasons (unless via US employer) is not good
 
Can any one give sample exact wordings for Family reasons

Can any one give sample exact wordings for Family reasons?
I am going for family reasons but not sure what should I write as a reason.
Also, can the reason be same for spouse's application or it has to be different. If yes what it can be??
 
Based on my uncles/aunty's experience, spousal reason can be different. Has worked for us... Exact wording is subjective but make clear why you need to go, ie why your physical presence there is a must, and noone else can replace you. Give as much detail as possible

CAUTION
I-131 Approval times may take more than ONE YEAR, which defeats their existance in the first place.. So watch out
 
I dont think you need to wait for the approval, you can apply for re-entry permit and leave the country. Since it takes such a long time, immigration officers at port of entry will not harass you on your return.
 
PD,

That's a very bad idea. If he leaves the country for over a year without an I-131 being approved, he has LOST his PR Status.

Also, he will NOT be let back in without a Reentry..

Do not stay out over 1 year without a reentry, you stand to lose your status

Rahul!
 
Also, if the reason for applying re-entry is that your physical presence is reqd, by waiting for approval here in US, you are contradicting your statement...:D
 
Last edited by a moderator:
from hrlawinfo.com

"On the other hand, remaining outside the United State for more than one year does not mean you have automatically given up your green card. If your absence was intended from the start to be only temporary, you may still keep your permanent resident status. Staying away for more than one year does mean, however, that you may no longer use your green card as a U.S. entry document. Under these circumstances, you must either apply at a U.S. consulate for a special immigrant visa as a returning resident or you must get what is known as a reentry permit"
 
Confusion on reentry permit - please clarify...

So what's the final word in everyone's opinion - if a reentry permit is filed, and the processing takes more than 1 year, does the person have to come back during the course of that year, or can he/she be out of the country for more than one year based on the receipt notice from Nebraska?

If one has to come back during that year, then what's the point of the reentry permit?

K
 
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