To retain the green card (GC), whether a GC holder need to stay in US for more than 6 months each year or just come back once each half year? I have heard that if a person work for an US company abroad, he/she can just come back once each half year since his/her presence in other countries is treated as business trip. Is that true? Thanks for your clarification!
Retain GC, whether one need stay in US for > 6 months/yr or come back once/6 months?
- Thread starter dvdhe
- Start date
That is a risky game that you're playing. Do you intend to apply for naturalization? A lawyer whom I met said that one of his clients did that but he ended up losing his green card.
If you are going to be out of the country for an extended period of time (more than 6 months and less than 2 years), then you should apply for a re-entry permit.
Good luck.
If you are going to be out of the country for an extended period of time (more than 6 months and less than 2 years), then you should apply for a re-entry permit.
Good luck.
You should definitely apply for a re-entry permit. A visit to the US for a couple of weeks every year is not enough to preserve your permanent residence. I believe that you can reapply for another re-entry permit after the first one expires, but you may want to double check that.
You should also continue to file for your taxes to the IRS every year, and don't forget to renew your driver's license. Even with a re-entry permit, you should try to show as much tie to the US as possible.
You should also continue to file for your taxes to the IRS every year, and don't forget to renew your driver's license. Even with a re-entry permit, you should try to show as much tie to the US as possible.
Re-entry Permit
Thanks Gabby2001.
Have you heard of anycases who had problems on re-entry to US with re-entry permit even after filling taxes, keeping a relatives address , licence, employement...I am asking this because bieng a green-card I am unable to bring my wife to states for another 3+ years and this foreign assignment will help me to stay with her till I get my citizenship..and I can sponsor her for K3 visa...
Thanks Gabby2001.
Have you heard of anycases who had problems on re-entry to US with re-entry permit even after filling taxes, keeping a relatives address , licence, employement...I am asking this because bieng a green-card I am unable to bring my wife to states for another 3+ years and this foreign assignment will help me to stay with her till I get my citizenship..and I can sponsor her for K3 visa...
Hi tz6pho,
I can totally sympathize with your situation. My significant other is not in the US either. You might also want to check out the link below and give your support. Rajiv, the immigration attorney who owns this website, is trying to change the law so that spouses of permanent residents will be allowed to adjust their status without the current 5 year wait.
http://boards.immigrationportal.com/forumdisplay.php?forumid=66
Now, to answer your question:
Unfortunately, even with a re-entry permit, there is still no guarantee that you'll be able to return. However, that does not happen very often, and you should be fine as long as you can show ties to the US. When you're entering the US again, make sure you are carrying documents such as tax retunrs (including those years when you're abroad), letter from your employer explaining your long absence, valid driver's license, property deed, apartment lease, library card, etc...
There is also another problem with your strategy. You will not be eligible to apply for citizenship if you leave the country for that long. There are residency requirements that you need to meet in order to qualify for naturalization. For instance, you need to spend more than 2.5 out of 5 years in the US (if you're applying based on a green card derived from employment). Also, none of your trips outside the country should be longer than 6 months unless you have a very good reason, but I don't think that your being sent overseas for 2-3 years counts. In any case, absences of more than a year definitely break the residency requirements.
It wouldn't work even if you come back to the US for a couple of weeks every 6 months. BCIS will see right through that. You can, however, apply for your naturalization 4 years and 1 day after you return from your assignment abroad, assuming that you meet the other requirements.
Feel free to post if you have any other questions. Good luck
I can totally sympathize with your situation. My significant other is not in the US either. You might also want to check out the link below and give your support. Rajiv, the immigration attorney who owns this website, is trying to change the law so that spouses of permanent residents will be allowed to adjust their status without the current 5 year wait.
http://boards.immigrationportal.com/forumdisplay.php?forumid=66
Now, to answer your question:
Unfortunately, even with a re-entry permit, there is still no guarantee that you'll be able to return. However, that does not happen very often, and you should be fine as long as you can show ties to the US. When you're entering the US again, make sure you are carrying documents such as tax retunrs (including those years when you're abroad), letter from your employer explaining your long absence, valid driver's license, property deed, apartment lease, library card, etc...
There is also another problem with your strategy. You will not be eligible to apply for citizenship if you leave the country for that long. There are residency requirements that you need to meet in order to qualify for naturalization. For instance, you need to spend more than 2.5 out of 5 years in the US (if you're applying based on a green card derived from employment). Also, none of your trips outside the country should be longer than 6 months unless you have a very good reason, but I don't think that your being sent overseas for 2-3 years counts. In any case, absences of more than a year definitely break the residency requirements.
It wouldn't work even if you come back to the US for a couple of weeks every 6 months. BCIS will see right through that. You can, however, apply for your naturalization 4 years and 1 day after you return from your assignment abroad, assuming that you meet the other requirements.
Feel free to post if you have any other questions. Good luck
Thanks again Gabby2001,
If I take the overseas assignement I will definately file for re-entry permit and also N470 (preservation of residency for naturalization purposes). If I leave, I plan to leave after I fullfill the 30 month rule. I am still very weary of leaving the country for over 3+ years. I do not know what will happen when I return at the end of 3+ years at POE. My only comforting aspect is that my wife has got visitor visa for 6+ years and least she come here once a year. And if I file I130, she loses that too. So I am in a total dilemma and hope the bill Rajiv is talking about goes thru in the congress.
Thanks again
If I take the overseas assignement I will definately file for re-entry permit and also N470 (preservation of residency for naturalization purposes). If I leave, I plan to leave after I fullfill the 30 month rule. I am still very weary of leaving the country for over 3+ years. I do not know what will happen when I return at the end of 3+ years at POE. My only comforting aspect is that my wife has got visitor visa for 6+ years and least she come here once a year. And if I file I130, she loses that too. So I am in a total dilemma and hope the bill Rajiv is talking about goes thru in the congress.
Thanks again
Hi tz6ph0,
It'll be great if you qualify for N-470. Don't forget that the re-entry permit is only good for 2 years, and you'll need to reapply for another one after 2 years. Also, I believe that you need to be in the US when you file that application.
By the way, you might also want to consider consulting with an immigration attorney about this matter. Many immigration attorneys charge a minimal fee for the initial consultation (I've seen fees ranging from $30-$350). So, it may be worth it to spend a little money and consult with a good immigration attorney just for a peace of mind. The attorney does not necessarily need to be in the same state as where you currently reside
It'll be great if you qualify for N-470. Don't forget that the re-entry permit is only good for 2 years, and you'll need to reapply for another one after 2 years. Also, I believe that you need to be in the US when you file that application.
By the way, you might also want to consider consulting with an immigration attorney about this matter. Many immigration attorneys charge a minimal fee for the initial consultation (I've seen fees ranging from $30-$350). So, it may be worth it to spend a little money and consult with a good immigration attorney just for a peace of mind.
The attorney does not necessarily need to be in the same state as where you currently resideHi tz6ph0,
I recently saw a publication listing the top 50 lawyers in the country, and there were a few immigration attorneys in that list. Unfortunately, I can't seem to find that listing anymore
I'm sorry that I do not personally know any good immigration attorneys. You can consider contacting Rajiv about this matter. You can also check out www.visalaw.com as there is an article there that tells you how to select a good immigration attorney. However, I can't comment on how good they are.
Good luck, and I'll let you know if I come across that publication.
I recently saw a publication listing the top 50 lawyers in the country, and there were a few immigration attorneys in that list. Unfortunately, I can't seem to find that listing anymore
I'm sorry that I do not personally know any good immigration attorneys. You can consider contacting Rajiv about this matter. You can also check out www.visalaw.com as there is an article there that tells you how to select a good immigration attorney. However, I can't comment on how good they are.
Good luck, and I'll let you know if I come across that publication.
TheEnquirer
Registered Users (C)
Applying for US Citizenship after 4 years and 1 day
Hi
I have a question.
There are various theories on staying inside US after getting GC.(to maitnain valid GC status )
less than 6 months, more than 6 months, short visits , reentry permit...etc..
my question is .....if one did happen to mess around with one or other rules mentioned above and is safely able to come back to US and start a new job, is everything fine if he/she is willing to wait the mandatroy 5 years( 4 years and 1 day) after the mess.
that is, once back he/she stays "permanently" in US., with all taxes, license. home and what not.....
when applying for US citizenship.........do they go back all the way when u got ur GC or the last 5 or so years fromt he date when you actually apply for citizenship.
please give me ur concerns............as it willbe helpful to a lot of people.
also how many 10 year terms can you keep renewing ur GC ??
thanks
the enquirer
Hi
I have a question.
There are various theories on staying inside US after getting GC.(to maitnain valid GC status )
less than 6 months, more than 6 months, short visits , reentry permit...etc..
my question is .....if one did happen to mess around with one or other rules mentioned above and is safely able to come back to US and start a new job, is everything fine if he/she is willing to wait the mandatroy 5 years( 4 years and 1 day) after the mess.
that is, once back he/she stays "permanently" in US., with all taxes, license. home and what not.....
when applying for US citizenship.........do they go back all the way when u got ur GC or the last 5 or so years fromt he date when you actually apply for citizenship.
please give me ur concerns............as it willbe helpful to a lot of people.
also how many 10 year terms can you keep renewing ur GC ??
thanks
the enquirer