Long stay abroad: crossing the border w/ green card

[Karabas 0]

Hi folks,

This may be on the wrong subforum: please do redirect if it is.

Thanks to VJ's help, my wife has had a green card for a year and a half now.

However, a few months after receiving her green card, she received an exciting work and study opportunity with a 2 year contract in her home country of Canada. We moved to Canada together - I work from home for a US company, but she has Canadian employment, we have an apartment lease, etc. We've been here for 10 months. The plan after her contract is finished is unclear: it could be extended, or it could finish, in which case most likely we'd return to the US.

We're going to the US to visit my family - but as I understand, our current situation will cause a problem with her green card. Is there any way to retain it, or is it a lost cause? And if the latter, will they still let her in as a visitor?

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration.

[Boiler 45,486]

How has she maintained the US as her permanent residency?

[Rob L 3,811]

Hi folks,

This may be on the wrong subforum: please do redirect if it is.

Thanks to VJ's help, my wife has had a green card for a year and a half now.

However, a few months after receiving her green card, she received an exciting work and study opportunity with a 2 year contract in her home country of Canada. We moved to Canada together - I work from home for a US company, but she has Canadian employment, we have an apartment lease, etc. We've been here for 10 months. The plan after her contract is finished is unclear: it could be extended, or it could finish, in which case most likely we'd return to the US.

We're going to the US to visit my family - but as I understand, our current situation will cause a problem with her green card. Is there any way to retain it, or is it a lost cause? And if the latter, will they still let her in as a visitor?

Under 6 months you are ok , 6 to twelve months you will have some questions on her return. Over a year without a reentry permit may be an issue.

Nothing to prevent her from visiting

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.
• Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
  • The reason for your trip;
  • How long you intended to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.
  • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
• Fail to file income tax returns while living outside of the United States for any period.
• Declare yourself a “nonimmigrant” on your U.S. tax returns.

Reporting Loss of Permanent Resident Status

Internal Revenue Code section 6039G(d)(3) requires the Department of Homeland Security to inform the Internal Revenue Service if you lose permanent resident status because you:

• Have been ordered removed from the United States; or
• Chose to abandon your status and surrender your green card.

[Karabas 0]

Thanks folks!

We crossed successfully after some questioning because her stay in Canada has been under a year, but will be applying for the Re-Entry permit before she leaves the US again.

[Rob L 3,811]

Thanks folks!

We crossed successfully after some questioning because her stay in Canada has been under a year, but will be applying for the Re-Entry permit before she leaves the US again.

Thanks for reporting back

[kemal1010 1]

Thanks folks!

We crossed successfully after some questioning because her stay in Canada has been under a year, but will be applying for the Re-Entry permit before she leaves the US again.

Do you mind sharing what kind of questions they asked or inquired about? My mom has GC as well and she has been overseas under 6 months so far. But she is looking after her ill mother (my grandmother) and was wondering if she could stay longer (maybe 9-10 months, but under 12 months) to take care of her mother a little bit longer.

[Boiler 45,486]

It is the totality of the situation that matters. Abandonment is to say the least a complicated subject.

[Karabas 0]

Do you mind sharing what kind of questions they asked or inquired about? My mom has GC as well and she has been overseas under 6 months so far. But she is looking after her ill mother (my grandmother) and was wondering if she could stay longer (maybe 9-10 months, but under 12 months) to take care of her mother a little bit longer.

Surprisingly, they questioned me (a US citizen) more than my wife this time around. They just asked her what she's doing abroad and told her to apply for a re-entry permit before leaving the country.

The GC is forfeit by default if you're out of the US for over a year. However, there's a visa you can apply for, in which you will need to explain that you've been out of the country temporarily and that the stay was extended unexpectedly, etc.

Essentially, with abandonment, you need to show that you are planning to return to the US eventually, but you currently require an extended stay abroad.

[Rob L 3,811]

Do you mind sharing what kind of questions they asked or inquired about? My mom has GC as well and she has been overseas under 6 months so far. But she is looking after her ill mother (my grandmother) and was wondering if she could stay longer (maybe 9-10 months, but under 12 months) to take care of her mother a little bit longer.

Here is a good summary

http://lawandborder.com/risk-abandoning-green-card-abroad-6-months/

[Boiler 45,486]

Nice link