Re-entry permit gotchas

C

crossroadsgc

New Member
I'm planning on going on a long absence (>1 year) from US. So I will have to apply for re-entry permit. It looks like re-entry permit is just a permission to travel back to US and not a visa. The PoE officer will evaluate my eligibility for readmission as though he is issuing me a new GC.
Now the concerns I have is :-
I'm planning on working on a permanent job abroad because I will have to support myself abroad. Will it throw a negative light on my intent keep US as my residence and the temporary nature of the trip abroad?

Also, I received unemployment benefits for a short duration (<1 month). Will it be a factor in determining that I was a public charge and therefore deny admission based on that when I return and present the re-entry permit.

I've asked some lawyers but it looks like I'm telling them rules and law rather than them telling me. It's pointless. The good ones have long queue for consultation.

Your input on my issue is much appreciated. Thanks in Advance.
 
This is a very typical obstacle faced by many new immigrants for the past few years after the bust of IT bubbles. The bottom line problem is the tough US economy and job market. As an average person, it's hard to stay in the US for a long period of time without reasonable means of financial support, unless if you are a millionnaire.

By being found to take up overseas employment by POE officer, you may run the risk of losing your GC. You may wish to use other reasons why you have stayed overseas, such as visiting a sick family member etc.

Another obstacle is the tax filing. As a GC holder you are supposed to declare your WORLDWIDE income, however, by declaring the portion of your income earned through overseas employment, you will be found to have abandon your PR status. An occassion when this could happen is when you go through the naturalization interview and you are asked to show proof of your tax return for the last 3/5 years.

Could anybody share any insights to the above problem as to how to solve it legitimately?
 
In addition, receiving UI benefits won't jepordize your GC status or future citizenship application.

Recently there has been so legislative updates allowing GC holders to receive public financial assistance without affecting their elgibility for citizenship.
 
Taking up a job abroad is an indication that the stay abroad is not temporary.
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Well re-entry permit itself allows you to be out of US and travel back within 2 years after you get it.
During that period i have to financially support myself. So I would like to be employed by whichever means whether it is contract or permanent job i.e whichever job I like and get. It looks like re-entry permit / USCIS has a say in my employment choice. Whether taking a permanent job is ethical when your stay is temporary is a different question. But atleast it is not illegal since all employment these days are "at will".
IMHO PoE officer should not be concerned about the ethics.

So if I get a contract job for 2 years in a US subsidiary abroad, will it be okay?

In that way I can even preserve my residency for naturalization purpose.

I want to be in the safe-side because I have less than 2 years to apply for my naturalization.


Filing a non-resident return or not filing at all is a really strong indication that the residence was abandoned.
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Why do I have to file as a non-resident. I think to preserve my GC I should be filing as a resident, from what I gathered.
 
What are the general reasons for filing REP? It seems like that putting a job offer in this application is a little risky. It is getting tough. I am planning to go to Canada, which is not the country my citizenship is. So I can not use "stay with family or visit relatives" as a reason for filing REP. Originally I thought if I can get a two year job offer there (not US assigned), maybe that will be a good reason to state in the REP application.
 
When I return to US after 2 years being abroad, at the port of entry I can show the officer my new job offer from US and the old contract from the employer abroad. Will that be enough indicating that the job abroad is temporary and it ends since I am going back to US to take a new job offer?
 
CrossRoadsGC

You missed a point here. You said you are less than 2 years away from your naturalization and you intent to file REP and be abroad for about 2 years. The point that you missed was if you are away for more than 6 months then you lose the continuous residency requirement. It states that you need be present 30 months continuous out of 60 months PRIOR to applying Citizenship.

PS: Gurus, if I am wrong in this assumption then please provide me more inputs.


luk12
It is good to show the offer letter from an US Employer but I would not mention about my temporary job abroad. However, while filing taxes, I would report all of my worldwide income. Filing taxes, and getting Citizenship are two different things. We are trying to solve a different issue here, that is, getting entry back into US after a prolonged absence.
 
Even you do not mention the temporary job there first. Most likely the officers will ask what you do for the two years being abroad. Suppose we should not lie by just saying ''visiting". Then we will tell them about temporally working abroad.
 
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