Travel outside the U.S after GC arrives

[bigdog 376]

A green card is for living in the US, so anytime outside the US is relevant to the abandonment issue.

It is a fallacy that it is fine to "live outside the US for up to a year." That's is not true.

To determine abandonment of a green card, time outside the US is only one consideration. If a person fails to maintain ties to the US or file US tax returns or claims residency in another country, then that person can be determined to have abandoned his green card.

For example; immigrant comes to US in January and leaves after a few weeks. He goes to China in February and claims residency in China. Under US laws, he has abandoned his US residency by claiming residency in another country.

See this; http://www.uscis.gov...000082ca60aRCRD

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the "INA" link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

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 United States for more than 1 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 United States may be considered, even if less than 1 year

Remain outside of the United States for more than 2 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 United States may be considered, even if less than 1 year

Fail to file income tax returns while living outside of the United States for any period

Declare yourself a "nonimmigrant" on your tax returns

[C-ma'am 684]

**Moved to Working & Traveling during US Immigration

[hkl 9]

Enjoy your travel for as long as you like. It's your life. Don't make your travel decisions based on immigration laws. That's not freedom. If there is a problem with your return you can always apply for a new green card since you are married to US citizen. However keep in mind that when you apply for citizenship you will have to have spend 18 months in US within the last 3 years. They count the days exactly. If you leave for more than 1 year in any case or if you leave for more than 6 months and cannot prove you did not abandon your residency then the days counter is restarted.

Edited November 28, 2012 by hkl

[Dave&Roza 748]

Enjoy your travel for as long as you like. It's your life. Don't make your travel decisions based on immigration laws. That's not freedom. If there is a problem with your return you can always apply for a new green card since you are married to US citizen. However keep in mind that when you apply for citizenship you will have to have spend 18 months in US within the last 3 years. They count the days exactly. If you leave for more than 1 year in any case or if you leave for more than 6 months and cannot prove you did not abandon your residency then the days counter is restarted.

I agree that a decision base solely on immigration law is not good idea, however; I think knowing the consequences of a decision is very important. All of us went thru a lot to get the GC, so why throw it away due to lack of information? I would not worry about how it affects becoming a USC, but rather how do I maintain my LPR staus. Physical presence and residency are two seperate things to be considered when determining whether the LPR is maintaining residency in the US. I suggest the OP reads up on all of this before deciding to leave the US for any length of time approaching 6 months at a time. All of the advice given above is relavent until you become a USC--i.e. condiciton GC holder has the same limitations as a 10 year GC holder. It is a GC the only difference is the time before it expires.

Good luck,

Dave