I have a 10yr Green Card but my employer wants me to work abroad

[Alastair 0]

I am on my second Green Card (the 10 year one) and was about to apply for Citizenship, but my employer (Ford Motor Company) has asked me to work abroad for 2 years. I'm taking my family with me (all US Citizens - I got my Green Card through Marriage to my Wife, a US Citizen).

My question is will living outside of the US for 2 years affect my Green Card status and will it affect my ability to apply for US Citizenship when I return to the US.

I seem to remember reading somewhere that one of the conditions of keeping my Green Card is that I must remain in the US for a certain period of time. Does anyone know what the regulations are. I've looked all over the USCIS website but can't find this information and their phone line is useless.

Will I be jeopardizing my Green Card and my potential US Citizenship (or the time scale by which I can apply for Citizenship) by taking this position to work abroad?

Many Thanks

Alastair

[v333k 59]

I am on my second Green Card (the 10 year one) and was about to apply for Citizenship, but my employer (Ford Motor Company) has asked me to work abroad for 2 years. I'm taking my family with me (all US Citizens - I got my Green Card through Marriage to my Wife, a US Citizen).

My question is will living outside of the US for 2 years affect my Green Card status and will it affect my ability to apply for US Citizenship when I return to the US.

I seem to remember reading somewhere that one of the conditions of keeping my Green Card is that I must remain in the US for a certain period of time. Does anyone know what the regulations are. I've looked all over the USCIS website but can't find this information and their phone line is useless.

Will I be jeopardizing my Green Card and my potential US Citizenship (or the time scale by which I can apply for Citizenship) by taking this position to work abroad?

Many Thanks

Alastair

Yes, yes and yes.

If you travel outside the us while a LPR for a period longer than 6 months, you will need to apply for a reentry permit. I am a little fuzzy myself about the exact procedures, but there is potentially the affect of you having to wait another 3 years to become eligible again for citizenship. If USCIS deems that you have not maintained your residency, they could easily decide that you are no longer eligible to retain it and your GC will be revoked.

My suggestion - apply for citizenship now, and get the process started for you. If you have to travel a couple of times back and forth to get things completed then do that and get your citizenship done.

If you lose your residency, then FMC will not keep you as their employee - I am familiar with FMC and they are honestly not worth risking your status in the US with your family.

[milimelo 4,467]

It's 18 months out of 36 to be spent in the US when you apply with 3-year rule. If you haven't been outside the country previously for long periods of time, apply for the citizenship now and then fly in for biometrics and interview/oath. Currently it takes around 3-4 months start to finish and if you travel soon after oath you can get passport in couple of hours at one of the Passport Agencies.

Check out M-476 naturalization guide.

[1HappyGuy 45]

I would suggest you apply now, assuming you qualify at this time. Then ask your employer if they can delay your temporary job assignment until you get your citizenship. You could be pleasantly surprised by your employer.

[Evgeniya 3]

I do know a couple who lives in Russia, he is an American citizen and his wife had a Green Card for a while. All they had to do to maintain her status is to fly to the USA every six months to insure that she doesn't stay out of the US for longer than 6 months and not loose her green card. They did that for many many years. However, it isn't the best way since you are always on the edge of loosing your green card. I agree with others it is just easier to apply for citizenship and get it over with. Recently my friend applied and got her US citizenship.

Edited July 15, 2010 by Evgeniya

[warlord 73]

I do know a couple who lives in Russia, he is an American citizen and his wife had a Green Card for a while. All they had to do to maintain her status is to fly to the USA every six months to insure that she doesn't stay out of the US for longer than 6 months and not loose her green card. They did that for many many years. However, it isn't the best way since you are always on the edge of loosing your green card. I agree with others it is just easier to apply for citizenship and get it over with. Recently my friend applied and got her US citizenship.

Yes considering this is in violation and your frieds were very lucky each time by laxed border checks. Coming back every 6 months for a brief time does nothing to preserve residency and each time they were playing Russian Roulette (sorry for the pun) with her status.

But with the topic, re-entry permit as others mentioned. Since it's for a US company it shouldn't be a big issue. Of course life would have been easier to just become a US citizen, but that is obviously too late. May want to make an INFO PASS appointment and just see what other steps you might need to take...

[Evgeniya 3]

Ha-ha Russian Roulette! It is a good one. Again I agree with you that it is just easier to become a citizen. However, in my friends case it was a twisted issue. Bz her husband worked for the American NGO abroad they wondered for years how to come up with 3 years of residency in the US while not actually living there. There is some escape route for people who work abroad for the American Government (in the Embassies for ex) or American NGOs. So they were finally able to apply and get her naturalized for her last year even though she has never been in the US for longer than a month at a time and not three years put alltogether. Againe I don't think this will apply to Ford Motor company since it is obviously not a NGO and not a Governmental organization, or is it? After all the bail outs that Amerian auto industry recieved? LOL Just kidding!

Edited July 15, 2010 by Evgeniya

[Deputy Purple 1,294]

I don't think this will apply to Ford Motor company since it is obviously not a NGO and not a Governmental organization, or is it? After all the bail outs that Amerian auto industry recieved? LOL Just kidding!

On a serious note: While GM & Chrysler were swimming in Bail-Out money FMC was able to get through it without taking Gov't Assistance.

[Brother Hesekiel 2,236]

I agree with previous posters that it would be best if you were to become a US citizen now.

A reentry permit is required by absences from 1 year (not 6 months) up to 2 years max. The fact that you apply for a reentry permit before leaving basically is a formal statement to USCIS that you will be abroad for a certain amount of time, and then come back, thus you have no intention to abandon your residency.

Since a 2-year absence is kind of a big deal, you will have to take active steps to support your claim that you did in fact not abandon your residency. You stated you'll take all of your family with you, but do you keep the house, the cars, your documentable "ties" to the US active? You'll need a formal letter from FoMoCo that you work for this US Corporation for a limited time on foreign soil, among other things. It's not a sure-fire black and white issue.

In regard to your residency, once you're gone for 6 months, the residency clock stops. Once you've reached the 1-year mark, the clock jumps back to zero. Once you're back on US soil, you start with day 1 and will have to wait another 3 years before you can become a citizen, should you still be married by then. Otherwise, it will be 2017 until you can become a USC again.

[Evgeniya 3]

On a serious note: While GM & Chrysler were swimming in Bail-Out money FMC was able to get through it without taking Gov't Assistance.

I know I know, I was just generalizing...and was trying to be funny. Go Ford!