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amy200

Work abroad on green card

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As a GC holder you must maintain US residency in order to keep the GC. What is US residency? Typically it is remaining in the US for more than 182 days out of a 365 day period. If you remain outside the US for more than 6 months but less than one year, it can be used as evidence to deny your re-entry into the US--you do not need to file any paper work if staying outside the US for less than one year. You need to have ties to the US like family, residence you expect to return to, file taxes, etc. You might want to look at the USCIS website to see what they say on this issue. Come back for a few days and then leaving again is more suspecious than just remaining outside the US for the entire time you require. Remember that the CBP person can deny your re-entry if they think you are not maintaining your residency in the US.

Determine how long you will be outside the US and file the appropiate paperwork before you leave in order to keep your GC. Otherwise you risk loosing the GC and will have to start all over again.

Good luck,

Dave

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Filed: Citizen (pnd) Country: Canada
Timeline

Hi

I wanted to ask your opinion about working abroad on green card .

Even if one visits USA for few days every 3-4 months , is it advisable or not.

Thanks

amy

Returning for 3-4 days means nothing. Remember the 6 month rule is only that the IO needs to prove your broke your residency before 6 months, and after 6 months, you need to prove to the INS you did not break your residency.

Being out of the country, residing and working even for a month can have your GC revoked if the IO/INS can demonstrate you are breaking residency.

People have been out longer than 6 months, but have demonstrated that they have maintained residency. So for the idea of coming back a few days and leaving again, proves nothing other than you are most likely breaking residency.

Get a re-entry permit and if you are going to be out for a good length of time, be prepared to have your GC clock re-set, but you may still be at risk of abandoning your GC depending on the nature of what you are doing outside the US. That will be up to the IO to decide.

Safest thing for people who wish to work outside of the US, is to become a citizen first, otherwise you're risking a lot...

I'm just a wanderer in the desert winds...

Timeline

1997

Oct - Job offer in US

Nov - Received my TN-1 to be authorized to work in the US

Nov - Moved to US

1998-2001

Recieved 2nd, 3rd, 4th, 5th TN

2002

May - Met future wife at arts fest

Nov - Recieved 6th TN

2003

Nov - Recieved 7th TN

Jul - Our Wedding

Aug - Filed for AOS

Sep - Recieved EAD

Sep - Recieved Advanced Parole

2004

Jan - Interview, accepted for Green Card

Feb - Green Card Arrived in mail

2005

Oct - I-751 sent off

2006

Jan - 10 year Green Card accepted

Mar - 10 year Green Card arrived

Oct - Filed N-400 for Naturalization

Nov - Biometrics done

Nov - Just recieved Naturalization Interview date for Jan.

2007

Jan - Naturalization Interview Completed

Feb - Oath Letter recieved

Feb - Oath Ceremony

Feb 21 - Finally a US CITIZEN (yay)

THE END

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