Re-entry Permit Q's

[dfagen19]

OK, this has probably been answered several times over, so please bear with me. I asked this Q in the Citizenship forum, but here goes again:

I am seriously thinking of starting an offshore consulting firm in India (front end US office with a back end Indian office doing the work). My family will move back, of course and I will shuttle back and forth. I will have completed my 30 month physical presence end of 04/06. My questions are:

1) Do I have any shot at an N470?

2) If my business goes kaput (I'm thinking I want to try yhis for at least, at most, I guess 2 years), will I be able to come back on a re-entry permit? (Do I need one since I will be shuttling back and forth probably every 2-3 months and should be able maintain a US address, bank acct etc? I obviously will be spending more time in India than here). What about my wife since she will not be shuttling with me? My kids were born here, so they are OK.

3)What would my reasons for a re-entry permit be, if one is needed?

4) What about my wife's reasons? Can she just state that she has take care of her elderly dad?

Thanks much.

 

[sg_orl]

As PR, you have to reside permanently in the US and all visits abroad have to be temporary in nature, i.e. some definitive date of return. It's better to have strong ties to the US to prove that, i.e. home/apartment, bank accounts, credit cards, utility accounts, etc.

You have NO chance of N-470 approval. It will be better to have a re-entry permit for you and your wife. If your visits to India are over 1 yr, but less than 2yrs, then you definitely NEED a re-entry permit. For visits < 6 mos, you are fine. For visits, > 6 months, but < 1 yr, you fall in grey area, as technically you don't need a re-entry permit, but will be subject to secondary inspection at the POE. The burden will be on you to prove that they did NOT abandon the PR status. Also, remember, if you want to become a US Citizen, visits abroad of < 6 mos are fine, with a visit > 6 mos and < 1 yr, you may break the continous residency, and with a visit > 1 yr, you definitely break the continuous residency.

You kids are fine as they will have the US passports, and I assume you will get them the PIO cards so that they can be in India for a long period.

 

[dfagen19]

Thanks, but...

Do I have to maintain a US address, account etc., even with a re-entry permit?

Also, can I state temporary relocation to India in order to establish my India operations as a reason for a Re-entry permit??

Thanks Much