staying overseas for extended periods of time

[dima2ooo]

I have had a GC for about 3 years. The GC is based on NIW.

I have a need to stay out of the U.S. for extended periods of time.

I'd like to know what my options are in terms of keeping my GC and getting citizenship in the future. In particular:
1. how often do I need to come back to the U.S. and how long do I need to stay here?
2. does having a residency and paying taxes have an impact?
3. what if I work for a U.S. based employer, will this make things easier?

Thanks, Dima

 

[Jackolantern]

1. To be 99% safe as far as residence criteria are concerned, get a reentry permit and N-470,
or
Spend more than 6 months of every 12-month period inside the US, without taking overseas employment.

To be 99% unsafe, spend more than 1 year outside the US without a reentry permit or N-470 and without being in the military.

Anything else in between, it depends on the entire picture of your circumstances and the discretion of the immigration officers at the port of entry and citizenship interview.

2. You certainly need to file US taxes (although it may be unnecessary to actually pay US taxes if you get enough foreign income deductions/credits/exemptions to cancel out the US tax). Renting or owning a house or apartment in the US is also important.

3. Yes, especially if you get an N-470.

The reentry permit is easy to get, and will enable you to preserve your green card for 2 years while outside the US, but it does not preserve your residence for citizenship purposes. An approved N-470 will preserve your years of residence for citizenship requirements, but it has restrictive criteria regarding who is eligible for it.

 

[dima2ooo]

1. To be 99% safe as far as residence criteria are concerned, get a reentry permit and N-470,
or
Spend more than 6 months of every 12-month period inside the US, without taking overseas employment.

To be 99% unsafe, spend more than 1 year outside the US without a reentry permit or N-470 and without being in the military.

Anything else in between, it depends on the entire picture of your circumstances and the discretion of the immigration officers at the port of entry and citizenship interview.

I have heard from people in similar situations that coming to the U.S. for a brief period, say 1-2 weeks, every 1/2 year or less does it as far as keeping the GC goes. They did not know about citizenship, thought.

In the instructions to N-470 it says "Generally, applicants for naturalization must reside in the United States for five years (three years if qualifying under
the citizen-spouse exemption) immediately preceding the date of filing an application for naturalization. Additionally, naturalization applicants are required to have been physically present in the United States for at least 30 months of those five years"

It then becomes a question of what is meant by "reside in the United States".

2. You certainly need to file US taxes (although it may be unnecessary to actually pay US taxes if you get enough foreign income deductions/credits/exemptions to cancel out the US tax). Renting or owning a house or apartment in the US is also important.

I guess the IRS must have a U.S. address anyway. It's a good point, thanks.

3. Yes, especially if you get an N-470.

The reentry permit is easy to get, and will enable you to preserve your green card for 2 years while outside the US, but it does not preserve your residence for citizenship purposes. An approved N-470 will preserve your years of residence for citizenship requirements, but it has restrictive criteria regarding who is eligible for it.

It seems that with a reentry permit you tell the immigration that you intend to stay away from the country for up to 2 years. Coming every half year is quite a bit of hassle, but doesn't it look better as far citizenship requirments go?

 

[Jackolantern]

I have heard from people in similar situations that coming to the U.S. for a brief period, say 1-2 weeks, every 1/2 year or less does it as far as keeping the GC goes.

That works for many people, but after doing that for 2 or more years sometimes the day comes when an officer at the port of entry notices the pattern and takes away the green card.

It seems that with a reentry permit you tell the immigration that you intend to stay away from the country for up to 2 years. Coming every half year is quite a bit of hassle, but doesn't it look better as far citizenship requirments go?

It looks a little better, because it avoids the presumption of breaking residence that would occur if any one trip is 6 months or more. But in the citizenship interview the officer will usually still look at the whole pattern of trips, not just whether any single trip is 6 months.

 

[dima2ooo]

That works for many people, but after doing that for 2 or more years sometimes the day comes when an officer at the port of entry notices the pattern and takes away the green card.

I guess right around 2 years is when one wants to get a reetry permit, then.

It looks a little better, because it avoids the presumption of breaking residence that would occur if any one trip is 6 months or more. But in the citizenship interview the officer will usually still look at the whole pattern of trips, not just whether any single trip is 6 months.

Good point about all trips. They probably determine whether one has or has not been residing in the U.S. on a number of criteria, including the trips. It would be useful to lots of people to know what these criteria are.