Green Card and Travel Outside the U.S.

[dumaguete 0]

Does anyone have a link that defines how one a GC holder can be outside the U.S. without loosing their status or requiring a re-entry permit?

Thanks,

Jack

[john_and_marlene 162]

Does anyone have a link that defines how one a GC holder can be outside the U.S. without loosing their status or requiring a re-entry permit?

Thanks,

Jack

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently.

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Fail to file income tax returns while living outside of the US for any period.

Declare yourself a “nonimmigrant” on your tax returns.

http://www.uscis.gov/graphics/howdoi/PermRes.htm#maintain

[janes_cowboy 0]

I had some filipino co workers that told me if Jane left for over 5 weeks that her accrued time for her citizenship would start over. ie, if she had a year already behind her for the time requirement then she would start over on accrueing the time.

I hate hearing word of mouth information about things like this.

[john_and_marlene 162]

I had some filipino co workers that told me if Jane left for over 5 weeks that her accrued time for her citizenship would start over. ie, if she had a year already behind her for the time requirement then she would start over on accrueing the time.

I hate hearing word of mouth information about things like this.

© Statutorily Defined Breaks in Continuity of Residence. Every applicant has the burden of establishing by the overall context of facts and evidence that he or she has complied with the continuous residence requirement. However, section 316(B) of the Act specifies two types of absence from the United States that are automatically presumed to break the continuity of residence for purposes of naturalization:

(1) Absence of More than 6 Months But Less than 1 Year. If an absence of more than six months but less than one year has occurred during the period for which continuous residence is required prior to the filing of the application for naturalization, or between the filing of the application and the date of any hearing under section 336(a), such absence is presumed to break the continuity of such residence.

However, section 316(B) further provides that this presumption of loss of residence can be overcome if the applicant can “establish to the satisfaction of the Attorney General that he or she did not in fact abandon residence during such period.” Acceptable evidence for this purpose may include, but is not limited to, documentation that during the absence the applicant did not terminate his or her employment in the United States nor obtain employment while abroad; the applicant's immediate family remained in the United States; and the applicant retained full access to his or her United States abode. (See 8 CFR 316.5©(1)(i))

(2) Absence for a Continuous Period of 1 Year or More. Section 316(B) of the Act provides that “[a]bsence from the United States for a continuous period of one year or more during the period for which continuous residence is required for admission to citizenship (whether preceding or subsequent to the filing of the application for naturalization) shall break the continuity of residence.”

An exception in the case of a person who, after having lived in the United States as a lawful permanent resident for an uninterrupted period of at least one year, goes abroad for the purposes of employment by or contract with the United States government or an American institution of research recognized as such by the Attorney General, or employment by an American firm or corporation engaged in the development of U.S. foreign trade and commerce, or a subsidiary thereof, or by a public international organization of which the United States is a member, as defined in section 316(B) of the Act. No further period of absence from the United States shall break the continuity of residence if that applicant establishes to the satisfaction of USCIS prior to beginning such employment and prior to the expiration of one year of continuous absence that his or her absence is for the purpose of the qualifying employment and upon return proves to the Attorney General's satisfaction that the absence has been for such purpose.

http://www.uscis.gov/lpbin/lpext.dll/inser...pter-32-73-46-3