Permanent Resident and studying abroad.

[Gary and Alla 3,694]

Will you be claiming US residency or home country residency to attend college for FREE? Notice that Gary and Alla's son claimed US residency to attend college in Russia so he could maintain his LPR status. An LPR who claims a non-US resident is deemed to have abandoned his LPR status; he can't be a US resident and a resident of his home country. If you claim home country residency to get your FREE college education, you effectively abandon your US residency.

This is true. In our case, Russia is not our sons "home country" he is Ukrainian, not Russian. He (we) paid full tuition, cash in advance, for the first four years BUT education in Russia is so much cheaper it was the best deal we were going to get.

His masters was fully paid because he was awarded an academic scholarhsip for FOREIGN students based on his previous performance.

IF you ever make ANY claim to be a resident of another country you immediately lose you US residency, even if you have been out of the US less than 24 hours.

I will repeat, this CAN be done. I will also repeat you must be extremely careful and fastidious in your record keeping and do not ever allow anyone to state you are not a US resident and ALWAYS use your US address for ALL correspondence, applications, etc. It is OK to list the school address AS a school address or "temporary mailing address" but NEVER as a "residence address"

DO NOT attempt to claim residency in both places. One of the very important documents he carries is his enrollment record, translated, which states his VERMONT Residence Address as listed with the school. This will/would make all the difference for the POE and for the citizenship later.

Throughout this process for our entire family only ONE person has handled and prepared any documents and that is me, after lots of study. I put together his folder for his "POE experience" and tell him not to add or take anything away from that. If they ask questions, hand it to them, everything is in there (copies! NOT originals) So far so good. Each visit I update it if needed(I added his 2011 tax return and w-2s to it when he was just here)I also added copies of his application cover page for other colleges for his doctorate degree showing the only residence address ever listed is this one.

If it seems I take this seriously, I assure you I do. It is our son's future which we are trying to improve, not mess up because we wanted to get married.

[Gary and Alla 3,694]

I willalso add that since we began this process I have met many times with the USCIS local office to be sure of our standing and to carefully prepare everything. I have never misrepresented what we are doing and USCIS has been very cooperative. They are not opposed to education. They understand and have been helpful, even expediting his K-2 to follow AOS so he had his green card within his summer vacation the first summer. Now we met with them again about his citizenship. we have been very careful and detailed. Do not think you can "just do this" without careful planning.

You did not state you are trying to get a FREE education by claiming two residencies and I hope that is not the case. It will not work.

[Gary and Alla 3,694]

Will you be claiming US residency or home country residency to attend college for FREE? Notice that Gary and Alla's son claimed US residency to attend college in Russia so he could maintain his LPR status. An LPR who claims a non-US resident is deemed to have abandoned his LPR status; he can't be a US resident and a resident of his home country. If you claim home country residency to get your FREE college education, you effectively abandon your US residency.

Sorry to go on and on, but...

Also be careful NEVER to claim US citizenship until you are a citizen! During an education process you will need to complete many types of forms and many times be asked your citizenship and residence. I have drilled Sergey on this over and over.

Citizenship: UKRAINE

Residency: USA

Never anything else for any reason. He is registerd in college as a Ukrainian CITIZEN, USA Resident with a RESIDENCE address in Vermont, even though we ALSO have an apartment in Ukraine. He carries ONLY a Ukrainian passport, student ID and US identification (drivers lisence, debit card, draft card, SS card) NOTHING ELSE.

[aaron2020 11,651]

Sorry to go on and on, but...

Also be careful NEVER to claim US citizenship until you are a citizen! During an education process you will need to complete many types of forms and many times be asked your citizenship and residence. I have drilled Sergey on this over and over.

Citizenship: UKRAINE

Residency: USA

Never anything else for any reason. He is registerd in college as a Ukrainian CITIZEN, USA Resident with a RESIDENCE address in Vermont, even though we ALSO have an apartment in Ukraine. He carries ONLY a Ukrainian passport, student ID and US identification (drivers lisence, debit card, draft card, SS card) NOTHING ELSE.

Off-topic. Thank you for sharing. Your son might want to remove and keep that SS card safe. There is no reason for him to carry it with him. If he lose the wallet, the SS card makes it easier for the unscrupulous to commit ID theft.

[rika60607 215]

Preserving residency is very do-able, but physical presence requirement for naturalization will not be waived for reasons of education.

[DaniG 3]

Btw, for the purposes of determining tuition, most universities in Europe look at your citizenship, not your residence, so they don't care where you reside. Therefore there is no problem to declare US residency, thus meeting the LPR requirements, and still get a free ride if you are a EU national. Similarly, I get (almost) free health care in my home country due to the same criteria - as long as I am a citizen.

[jennmd 1]

You will not maintain residency status doing this. At 6 months of stay outside the USA the CBP can refuse you entry and take away your green card at their discretion. Also leaving and entering constantly for short periods of time can trigger the CBP to believe that you are not residing in the USA and you are not using the GC as its meant to be used then remove the green card from you.

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Hi.. Thank you for this topic, I was thinking of studying abroad but if it will break my green card I would rather stay here. Better to listen to people who know better.

[Gary and Alla 3,694]

Preserving residency is very do-able, but physical presence requirement for naturalization will not be waived for reasons of education.

Doesn't need to be according to the chief officer of the local office. Read the instructions carefully for the N-400. Absences of 6 months to one year are excused if you show you have maintained residency. It was also clearly stated on the citizenship interview letter

As it happens, it is not going to matter anyway. Sergey cannot receive citizenship until he is a resident for 5 years. The 3 year rule applies ONLY to spouses and children under 18. since he is coming back to the US for his doctorate it is not an issue in our case.

[Gary and Alla 3,694]

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Hi.. Thank you for this topic, I was thinking of studying abroad but if it will break my green card I would rather stay here. Better to listen to people who know better.

If you wish to limit yourself then by all means do so. People who "know better" would be those that have actually done it successfully.

we try to offer our children the BEST we can. That means a lot of work went into getting our Ukrainian son into one of the top universities in Russia. He could have walked right into Donetsk Polytechnik walked out with a masters and worked for $500 per month all his life.

By going to MIPT and excelling THERE he has had offers from Dartmouth, Rice, LSU, University of Colorado, Duke...all for free tuition, assistant professorships and generous stipends. THAT is why we went through the trouble. Fact is that he would not have this opportunity otherwise PLUS a path to US citizenship. He will have a doctorate before age 24.

I encourage you to get the best education you can and do what is necessary to get it.

[Gary and Alla 3,694]

Btw, for the purposes of determining tuition, most universities in Europe look at your citizenship, not your residence, so they don't care where you reside. Therefore there is no problem to declare US residency, thus meeting the LPR requirements, and still get a free ride if you are a EU national. Similarly, I get (almost) free health care in my home country due to the same criteria - as long as I am a citizen.

True enough. My words of caution were just that, words of caution. Do not be tempted to claim foreign residency. It is perfectly OK to state foreign citizenship if that is what you are.

[szarakdorsz 1]

True enough. My words of caution were just that, words of caution. Do not be tempted to claim foreign residency. It is perfectly OK to state foreign citizenship if that is what you are.

First of all, THANK YOU VERY MUCH, Sir and Madam for the heartwarming info

I don't have to claim residency to attend university in my country, so I guess that will not be a problem. I also know that I shouldn't claim US Citizenship, not a good idea .

As I said, studies in Poland are cheaper and faster (it's only bachelors degree, I intend to finish masters in the USA ). I also though that it might be a good idea to get rid of my official adress in Poland (I still have one) and use only my adress in Viriginia, or a temporary adress placed in my fathers company or university.

I have an another question now. During the time I'll be studying in Europe I obviously need to earn some money. My father offered me that he can put me in charge of part of his business, so I can make some savings and pay for my bills. Will it be a problem? Do I have to use my american Bank account, or can I use my Polish one? (if i send all of my money overseas, I loose it on fees. I figure I could get my paycheck on my Polish Account and by the end of the month transfer the leftovers to my US Account). Currently I am still employed by him on my Polish adress (because technically I still work for him, just overseas), but I guess I am gonna need to change it to my US adress, right? What about my taxes? Do I have to study part time or full time (time of completion doesn't change, it's still three years, difference is that part time studies are not free)

After what you said I think I am gonna go with the 6/1,5 month system + supporting documents and precautions.

Again, thank you very much for all your responses.

Regards,

Robert.

Edited March 9, 2012 by szarakdorsz

[Gary and Alla 3,694]

First of all, THANK YOU VERY MUCH, Sir and Madam for the heartwarming info

I don't have to claim residency to attend university in my country, so I guess that will not be a problem. I also know that I shouldn't claim US Citizenship, not a good idea .

As I said, studies in Poland are cheaper and faster (it's only bachelors degree, I intend to finish masters in the USA ). I also though that it might be a good idea to get rid of my official adress in Poland (I still have one) and use only my adress in Viriginia, or a temporary adress placed in my fathers company or university.

I have an another question now. During the time I'll be studying in Europe I obviously need to earn some money. My father offered me that he can put me in charge of part of his business, so I can make some savings and pay for my bills. Will it be a problem? Do I have to use my american Bank account, or can I use my Polish one? (if i send all of my money overseas, I loose it on fees. I figure I could get my paycheck on my Polish Account and by the end of the month transfer the leftovers to my US Account). Currently I am still employed by him on my Polish adress (because technically I still work for him, just overseas), but I guess I am gonna need to change it to my US adress, right? What about my taxes? Do I have to study part time or full time (time of completion doesn't change, it's still three years, difference is that part time studies are not free)

After what you said I think I am gonna go with the 6/1,5 month system + supporting documents and precautions.

Again, thank you very much for all your responses.

Regards,

Robert.

You can earn money while you are there of course. Technically it should be claimed on your US tax return for which you would then receive a foreign tax credit and not pay tax. Study the tax laws or use someone to help you. Not an immigration issue. Be SURE you do file a US tax return each year

Does not matter how many hours you study. Sergey intended to do his masters here also but when it came down to it, they ended up giving hima full ride as a foreign student and he stayed for the masters. He finished the bachelors/masters in 5 years. Now he WILL be coming to the US for his doctorate. The offer of his doctorate program is also more evidence he intends to stay a US resident.

Best to have a US bank account. Sergey also earns money as a tutor with an official tutoring service at his university. Not much but just a little. When he is here he uses the US bank account and we also "send him" money by depositing money in the night deposit here and he withdraws with his ATM card there. So his US bank account is always active. His tax refund was deposited to his US account. You have to make every effort to be living as a US resident. You are just "attending school" in a foreign country, you LIVE here!

[szarakdorsz 1]

Will do, thanks!

[szarakdorsz 1]

One more thing. Will my sponsor have to face any consequences after I loose my Green Card or if they stop me on the border? I believe my mother stopped supporting my idea, so either I have to say in the US permanently (and struggle with emotions, because I miss people from Europe) or screw this bullshit and move back to Poland, too bad I just got my LPR. Eh... Dilemma...

Why do we have to make though life decisions when we're young and stupid?

Edited March 14, 2012 by szarakdorsz

[Gary and Alla 3,694]

One more thing. Will my sponsor have to face any consequences after I loose my Green Card or if they stop me on the border? I believe my mother stopped supporting my idea, so either I have to say in the US permanently (and struggle with emotions, because I miss people from Europe) or screw this bullshit and move back to Poland, too bad I just got my LPR. Eh... Dilemma...

Why do we have to make though life decisions when we're young and stupid?

No consequences for your sponsor, if you lose your green card and leave the country that sponsor is off the hook.

I will not question your mother. In OUR CASE and that is all it applies to, it was in our son's best interest to study in Russia. We still believe that. I am SURE of it given the outstanding results. Babushka (grandma) was against it. Since we were moving to the US, she thought he was too young to be off to college in the big bad city of Moscow. We disagreed, he did not get in the top university at age 16 because he was stupid and now has a masters in Physics at age 20 and will be an assitant professor at Rice University at age 21! It is not easy to be so far away from your children and we did have one real emergency where he had to come back, it has bad moments but it was what was best and we have no regrets

he would probably have preferred to come here and study but we could not match the level of education for the price, even paying full non-citizen tuition!

That was OUR CASE. If your main consideration is missing your friends, yeah, your mom is right, study here, get your dual citizenship and go where you want. Stop thinking about what is best today or next year and think about what is best when you are 30, 35 years old. You have a great opportunity, do not blow it!

Visit your friends, skype, call them with calling cards. Our son is about to enter a doctorate program is engaged to a wonderful and beautiful Russian girl and they will wait until he is a citizen because it is best for their future. So they will be separated and visit each other while he gets hs doctorate and citizenship so he can petition her.

One thing to remember is that your parents will not tell you wrong, they want the best for you. They usually give pretty good advice.