Working abroad with resident visa

[soniabruin 0]

Hi everyone,

We haven't posted in a long time since my husband obtained his resident visa and has been living and working in the U.S. for 3.5 years. He works in the animation industry and worked abroad for three months last year in Australia for a short project. Now, his current employer is sending workers to Canada but it will be for a longer period (approximately eight months). He entered Canada to provide application for work visa and received his work visa. However, upon entering the U.S., the customs officer told us that he recommended my husband obtain a reentry permit since it would be up to the customs official upon returning to the U.S. whether he would be considered to not have maintained residence in the U.S. His project begins in mid October so we are strapped for time to make a decision on whether he should go before obtaining a reentry permit or delay his contract.

If we apply for a reentry permit, how long does it take get an appointment for biometrics?

Thanks for the help,

Sonia

[gnasa 3]

Hi soniabruin,

It is not up to a customs officer to determine if he has abandoned residence. While they can give green card holders a tough time, only an immigration judge can revoke his PR status. I've heard that a GC holder out of US for >6 months can trigger a reasonable suspicion of abandoning residence, even though it specifically states a re-entry permit is only required for absences of greater than 1 year. Working abroad I think is viewed negatively though. There are several steps he can take to maintain his 'intent to permanently reside in the US', you can find many examples on this forum.

If he/you are only out of US for 8 months, technically it should be OK with just a GC, but it is somewhat of a grey area. If a LPR has a history of multiple extensive trips out of the US indicating they actually live somewhere else and just visit the US, this requires a re-entry permit to 'explain' absences. But in your case there is limited absence and I would consider not bothering with a re-entry permit if you plan to maintain a residence (bank accts, place to live, etc...) in the US. On the other hand a re-entry permit may be a good idea b/c the future is unknown and REP are typically valid for the lesser of 2 yrs or GC expiration. Biometric appts. are typically scheduled for 3-6 weeks after i-131 application is received by USCIS. Although, you can always attempt an early 'walk-in' once you receive the appointment notice. Note that the LPR needs to be in the US during REP application and biometrics, they can leave in between (i.e. he can always come back to the US for biometrics).

If you are a US citizen, your husband should be eligible to apply for citizenship after 3 years of continuous residency, start that process, get citizenship and never worry about USCIS requirements again! (Although you'll always have to complete/pay your US taxes on global income )

[soniabruin 0]

Thanks for the response! It is reassuring to know that he can leave while he waits for an appointment for the biometrics letter. We are going to file anyways just to not risk anything going wrong and peace of mind...I am staying in the U.S. so we will be maintaining everything as is (apartment, bank accounts, car loan, etc.) but it was hard enough getting his permanent residency so just in case. Also, I did not realize that for spouses of U.S. citizens the wait time to apply for citizenship could be three years instead of five. I started looking into that and stumbled across the N-470 Application to Preserve Residence for Naturalization Purposes. We are also going to complete that application so that when he comes back from his project in May we can begin the naturalization process.

Thanks for the feedback!

[gnasa 3]

Glad to helpful.

Given your case, instead of waiting to apply for citizenship, I'd try and do it ASAP and start the ball rolling. I've heard it takes about ~3 months from app-to-passport and I think it requires 2 appointments -interview, naturalization (oh and maybe even another biometrics?). There is plenty of info on this forum about the process, probably even specific to the LA area. It will save you the money and hassle of Preserving residency for Nat. purposes (note this is for employes transferred abroad only of US companies, proving this can be difficult).

[Brother Hesekiel 2,236]

A reentry permit would be a waste of money. It's needed once a LPR is absent from the U.S. for 1 year or longer.

I agree that pursuing naturalization ASAP would be a smart move.

[soniabruin 0]

Thanks again for the feedback! I am confused though...I looked up the conditions to apply for naturalization. From what I understand, my husband would not meet this criteria when he leaves for Vancouver in two weeks although he does meet all the other ones:

Reside continuously within the United States from the date of application for naturalization until the time of naturalization

Any suggestions??

[Brother Hesekiel 2,236]

Are you saying that your husband abandoned his U.S. residency when he worked for 3 months in Australia, or is it his intention to abandon his residency once he works for 8 months in Canada?

People work for a year on a space station or the Antarctica and do research; they still reside wherever their "stuff" is. Even if your husband has to work in Canada, he would need to maintain his U.S. residency until becoming a U.S. citizen.

[soniabruin 0]

Thanks Just Bob! I was understanding the residence aspect literally but that does make sense. We have begun completing the N-400 form for naturalization.