Living abroad on GC

[omar 0]

i'm a consultant and will be living abroad for a period of 16 months and wanted to do so without having to deal with getting a re-entry permit. the question i had was, how exactly does immigration keep a record of your entry/exit into/out of the USA on a green card? i know they swipe your card on entry, but do they do something on exit too? i can't remember? i know the airlines will ask for your passport and green card, but what if you tell them opps you can't find your green card? i've heard of stories where people have lived abroad for years and nothing has happened because they didn't get their passport stamped in their home country? i do plan on traveling to the US every 5 months, but when coming into the country, what if you tell the immigration officer you were only gone a few weeks? how would they know otherwise?

thanks.

[MrsCat 6]

big brother is everywhere. they have spies.

Seriously, if you want to leave and lie that is your business, I just wouldn't ask people to aid you in that endeavor.

[Completely 3]

i'm a consultant and will be living abroad for a period of 16 months and wanted to do so without having to deal with getting a re-entry permit. the question i had was, how exactly does immigration keep a record of your entry/exit into/out of the USA on a green card? i know they swipe your card on entry, but do they do something on exit too? i can't remember? i know the airlines will ask for your passport and green card, but what if you tell them opps you can't find your green card? i've heard of stories where people have lived abroad for years and nothing has happened because they didn't get their passport stamped in their home country? i do plan on traveling to the US every 5 months, but when coming into the country, what if you tell the immigration officer you were only gone a few weeks? how would they know otherwise?

thanks.

Omar,

There is no problem if you will be back every 5 months to the US, the problem is if you have been out of of the country for more the 11 months. Dont ask us if how do they track the dates a person will be out of country as there is no impossible on the system of our technology now a days.. Trust me they knows.

If you are not sure when are you travelling back to the US, you have to apply for authorization to travel, this is valid for 2 years. Normally this is what the other people do prior of leaving the US.

You can also read Article 319b of Immigration Nationality Act, and see if you fall under this category, you can apply for naturalization under this act, if you work for US Company engage in US trade overseas.

Source:

Myself.. I was a conditional greencard holder for a year and did apply for naturalization as we are always overseas and dont want to lose the residency. I went back to the US to visit relative once after I received the greencard, I did not encounter any problem at all after being 10 months overseas.

Check my timelines ..

[TayRivers 4]

i'm a consultant and will be living abroad for a period of 16 months and wanted to do so without having to deal with getting a re-entry permit. the question i had was, how exactly does immigration keep a record of your entry/exit into/out of the USA on a green card? i know they swipe your card on entry, but do they do something on exit too? i can't remember? i know the airlines will ask for your passport and green card, but what if you tell them opps you can't find your green card? i've heard of stories where people have lived abroad for years and nothing has happened because they didn't get their passport stamped in their home country? i do plan on traveling to the US every 5 months, but when coming into the country, what if you tell the immigration officer you were only gone a few weeks? how would they know otherwise?

thanks.

Omar,

There is no problem if you will be back every 5 months to the US, the problem is if you have been out of of the country for more the 11 months. Dont ask us if how do they track the dates a person will be out of country as there is no impossible on the system of our technology now a days.. Trust me they knows.

If you are not sure when are you travelling back to the US, you have to apply for authorization to travel, this is valid for 2 years. Normally this is what the other people do prior of leaving the US.

You can also read Article 319b of Immigration Nationality Act, and see if you fall under this category, you can apply for naturalization under this act, if you work for US Company engage in US trade overseas.

Source:

Myself.. I was a conditional greencard holder for a year and did apply for naturalization as we are always overseas and dont want to lose the residency. I went back to the US to visit relative once after I received the greencard, I did not encounter any problem at all after being 10 months overseas.

Check my timelines ..

This is very bad advice.

You have a legal requirement to live in the USA to maintain your Greencard status.

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

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.

The Greencard is not intended to be used a an entry permit to the US. It is to allow an alien to live and work within the USA.

What the above poster is recommending is Fraud. He is claiming to be a Lawful Permanent Resident, when clearly he is not. Coming back every 5 months for a visit does not maintain your residency.

At anytime a CBP officer could look at his entry history and decide he is abandoned his LPR status and deny entry. He would then be returned to the county he just arrived from at his own expence and have to apply for a IR1 visa to get back.

If you wish to do this the right way then apply for a re-entry permit before you leave and comply with the conditions that are required for all LPR.

Also remember that spending that amount of time outside the US will effect when you can file for Citizenship.

[ELW 5]

Better Safe Than Sorry, I always say. Apply for the re-entry permit and comply with all regulations for peace of mind. This is serious business, it is not something to be gambled with.

[Lansbury 19]

The airline manifests for all international arriving and departing flights go to the Department of Homeland Security.

For the flights arriving in the US the manifest has to be sent before the aircraft leaves and is run through the various databases before it arrives in the US.

As far as I know the departure information is input onto the immigration system, a lawyer on another board has said he has seen his history on the screen.

Edited December 14, 2008 by Lansbury

[mawilson 2,133]

i'm a consultant and will be living abroad for a period of 16 months and wanted to do so without having to deal with getting a re-entry permit. the question i had was, how exactly does immigration keep a record of your entry/exit into/out of the USA on a green card? i know they swipe your card on entry, but do they do something on exit too? i can't remember? i know the airlines will ask for your passport and green card, but what if you tell them opps you can't find your green card? i've heard of stories where people have lived abroad for years and nothing has happened because they didn't get their passport stamped in their home country? i do plan on traveling to the US every 5 months, but when coming into the country, what if you tell the immigration officer you were only gone a few weeks? how would they know otherwise?

thanks.

There's no record of exit, only entry, but they *will* ask you how long you've been gone when you return.

I suppose you could lie and tell them "two weeks" or whatever, but if they find out...

[mawilson 2,133]

The airline manifests for all international arriving and departing flights go to the Department of Homeland Security.

For the flights arriving in the US the manifest has to be sent before the aircraft leaves and is run through the various databases before it arrives in the US.

As far as I know the departure information is input onto the immigration system, a lawyer on another board has said he has seen his history on the screen.

I suppose they do that for foreign passport holders only?

[Completely 3]

i'm a consultant and will be living abroad for a period of 16 months and wanted to do so without having to deal with getting a re-entry permit. the question i had was, how exactly does immigration keep a record of your entry/exit into/out of the USA on a green card? i know they swipe your card on entry, but do they do something on exit too? i can't remember? i know the airlines will ask for your passport and green card, but what if you tell them opps you can't find your green card? i've heard of stories where people have lived abroad for years and nothing has happened because they didn't get their passport stamped in their home country? i do plan on traveling to the US every 5 months, but when coming into the country, what if you tell the immigration officer you were only gone a few weeks? how would they know otherwise?

thanks.

Omar,

There is no problem if you will be back every 5 months to the US, the problem is if you have been out of of the country for more the 11 months. Dont ask us if how do they track the dates a person will be out of country as there is no impossible on the system of our technology now a days.. Trust me they knows.

If you are not sure when are you travelling back to the US, you have to apply for authorization to travel, this is valid for 2 years. Normally this is what the other people do prior of leaving the US.

You can also read Article 319b of Immigration Nationality Act, and see if you fall under this category, you can apply for naturalization under this act, if you work for US Company engage in US trade overseas.

Source:

Myself.. I was a conditional greencard holder for a year and did apply for naturalization as we are always overseas and dont want to lose the residency. I went back to the US to visit relative once after I received the greencard, I did not encounter any problem at all after being 10 months overseas.

Check my timelines ..

This is very bad advice.

You have a legal requirement to live in the USA to maintain your Greencard status.

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

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.

The Greencard is not intended to be used a an entry permit to the US. It is to allow an alien to live and work within the USA.

What the above poster is recommending is Fraud. He is claiming to be a Lawful Permanent Resident, when clearly he is not. Coming back every 5 months for a visit does not maintain your residency.

At anytime a CBP officer could look at his entry history and decide he is abandoned his LPR status and deny entry. He would then be returned to the county he just arrived from at his own expence and have to apply for a IR1 visa to get back.

If you wish to do this the right way then apply for a re-entry permit before you leave and comply with the conditions that are required for all LPR.

Also remember that spending that amount of time outside the US will effect when you can file for Citizenship.

[Completely 3]

i'm a consultant and will be living abroad for a period of 16 months and wanted to do so without having to deal with getting a re-entry permit. the question i had was, how exactly does immigration keep a record of your entry/exit into/out of the USA on a green card? i know they swipe your card on entry, but do they do something on exit too? i can't remember? i know the airlines will ask for your passport and green card, but what if you tell them opps you can't find your green card? i've heard of stories where people have lived abroad for years and nothing has happened because they didn't get their passport stamped in their home country? i do plan on traveling to the US every 5 months, but when coming into the country, what if you tell the immigration officer you were only gone a few weeks? how would they know otherwise?

thanks.

Omar,

There is no problem if you will be back every 5 months to the US, the problem is if you have been out of of the country for more the 11 months. Dont ask us if how do they track the dates a person will be out of country as there is no impossible on the system of our technology now a days.. Trust me they knows.

If you are not sure when are you travelling back to the US, you have to apply for authorization to travel, this is valid for 2 years. Normally this is what the other people do prior of leaving the US.

You can also read Article 319b of Immigration Nationality Act, and see if you fall under this category, you can apply for naturalization under this act, if you work for US Company engage in US trade overseas.

Source:

Myself.. I was a conditional greencard holder for a year and did apply for naturalization as we are always overseas and dont want to lose the residency. I went back to the US to visit relative once after I received the greencard, I did not encounter any problem at all after being 10 months overseas.

Check my timelines ..

This is very bad advice.

You have a legal requirement to live in the USA to maintain your Greencard status.

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

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.

The Greencard is not intended to be used a an entry permit to the US. It is to allow an alien to live and work within the USA.

What the above poster is recommending is Fraud. He is claiming to be a Lawful Permanent Resident, when clearly he is not. Coming back every 5 months for a visit does not maintain your residency.

At anytime a CBP officer could look at his entry history and decide he is abandoned his LPR status and deny entry. He would then be returned to the county he just arrived from at his own expence and have to apply for a IR1 visa to get back.

If you wish to do this the right way then apply for a re-entry permit before you leave and comply with the conditions that are required for all LPR.

Also remember that spending that amount of time outside the US will effect when you can file for Citizenship.

How can you say that my advice is bad and it is consider a fraud.. You can not force an indivvidual to stay in the US due to economic reasons now a days. The OP is not intending to live outside the US permanently, he is a consultant and therefore this is needed for his job. Each people has different case, that they look up to when you are talking about Fraud.. As long as you are paying taxes and you go back to the US there is no problem with that.

based on what you have said above is true because that is what quoted in the immigration law. I do not disagree with you on that.. But they created Immigration and Nationality Act for the people who have that due to uncontrollable circumstances they wont be able to live and work in the US due to their work abroad. But this does not mean that he is abandoning his residency.

If the OP declared non immigrant status and did not pay income tax..that can result to his greencard being revoked. Or the OP stayed in outside the US for more than a year without filing a reentry permit.. The OP is just asking if whether there will be a problem for him to stay outside the US, as he is planning to go back every 5 months due to his work overseas.. I am giving my opinion based on previous experience, and dont tell me that my opinion is bad because neither anyone of us is expert on this situation and just help people based from experience.

I have to correct the facts I have said regarding 319b.. This act only pertain to those american spouses who are regularly stationed abroad.

Cheers!

Edited December 15, 2008 by Completely

[TayRivers 4]

The Bad advice given was not about working overseas. USCIS will not force anyone to remain in the US, but they will revoke the LPR status if they believe you are no longer resident in the US. You then would be free to re-apply for immigration benefits if and when you are ready to return. the fraud is about not getting the proper re-entry permit and just coming back to the US every 5 months or so. There is nothing wrong in working outside the USA as long as you follow the rules so you protect your Greencard status.

If someone goes to work outside the US and does not maintain a residence in the US and only comes back for 2 weeks every 5 months, they are not maintaining their LPR status and is subject to that status being revoked.

The correct way to maintain that LPR status is to file for a re-entry permit, they would then not have to worry about the coming back every 5 months. They would legally be allowed to remain outside the US for up to 2 years and then return with their LPR status intact.

You did not have any issues because you did not stay outside the US for more than 12 months. But to suggest that because you did not have any issues, that the OP would not have issues is bad advice, he is planning on being outside for 16 months so he will need a re-entry permit to maintain his status.

Unless of course he dose not wish to maintain his status or is willing to risk it by just coming back to visit every 5 months or so.

[DanielParul 50]

The Bad advice given was not about working overseas. USCIS will not force anyone to remain in the US, but they will revoke the LPR status if they believe you are no longer resident in the US. You then would be free to re-apply for immigration benefits if and when you are ready to return. the fraud is about not getting the proper re-entry permit and just coming back to the US every 5 months or so. There is nothing wrong in working outside the USA as long as you follow the rules so you protect your Greencard status.

If someone goes to work outside the US and does not maintain a residence in the US and only comes back for 2 weeks every 5 months, they are not maintaining their LPR status and is subject to that status being revoked.

The correct way to maintain that LPR status is to file for a re-entry permit, they would then not have to worry about the coming back every 5 months. They would legally be allowed to remain outside the US for up to 2 years and then return with their LPR status intact.

You did not have any issues because you did not stay outside the US for more than 12 months. But to suggest that because you did not have any issues, that the OP would not have issues is bad advice, he is planning on being outside for 16 months so he will need a re-entry permit to maintain his status.

Unless of course he dose not wish to maintain his status or is willing to risk it by just coming back to visit every 5 months or so.