10 year green card and living overseas

[hellokitty 0]

I don't know if I post this on the right forum, but I have a couple of questions regarding my 10 yr green card. I received my 10 yr green card recently in March 2007 and my USC husband told me that his company might be sending him overseas (Japan), so we might be moving to Japan and living there for approx. 3 or 4 years. Of course, during those years we will be going back to the state to visit our family or friends. My question is:

Before we go to Japan, do I need to file or apply special form to re-enter the U.S considering that we will be living overseas for more than 3-4 years? Or is my 10 yr green card enough for me to be able to go back to U.S.? My friend told me even though I have 10 yr green card but if I don’t live in the US for more than a year I still have to apply/file I-131 to re-enter the U.S., otherwise my 10 yr green card will be revoked and I have to do it all over again from the beginning. Is that true? Is there any paperwork do we need to apply in conjunction with my 10 yr green card and living overseas?

Thanks in advance.

[Kez/JWolf 6]

If you are no longer a resident of the US then yes you will loose your Greencard....

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

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 US for more than one 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 US may be considered, even if it is less than one year.

* Remain outside of the US for more than two 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 US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Kez

[hellokitty 0]

If you are no longer a resident of the US then yes you will loose your Greencard....

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

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 US for more than one 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 US may be considered, even if it is less than one year.

* Remain outside of the US for more than two 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 US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Kez

Thanks Kez for the reply. I'd like to maintain my permanent residence while living abroad, so what should I do then? What form should I file to maintain this permanent residence? Do I need to go back to U.S less than a year after moving there? Anyone has experienced this before, please share.. Thanks.

[Nanusia & Lukaszek 0]

Hi Hellokitty,

It's not as bad as it seems. As long as you return once a yr (for a minimum of like 2weeks or something), you will be able to maintain your greencard. What Niagaenola writes is true, but I'm not sure how often they enforce it that strictly.

I write from family (not personal) experience. I have an uncle whose been doing this for about 5 yrs now.

[j-manu 0]

It will show that you two plan on returning if you maintain your permenant residence here. You will need to continue to file your US taxes. Then file for a reentry permit even if you beleive that you will return within a year. It may not hurt if you return once a year and stay with family and apply for another reentry permit. Lastly, I would double check everything that is written here by making an Infopass apointment to confirm the requirements.

Good luck and enjoy Japan

[hellokitty 0]

Hi Hellokitty,

It's not as bad as it seems. As long as you return once a yr (for a minimum of like 2weeks or something), you will be able to maintain your greencard. What Niagaenola writes is true, but I'm not sure how often they enforce it that strictly.

I write from family (not personal) experience. I have an uncle whose been doing this for about 5 yrs now.

Hi Nanusia & Lukaszek, thanks for your explanation. How did you know that you have to stay for a min of 2 weeks or something when you return? Is there any immigration rule that says that?

Thanks.

It will show that you two plan on returning if you maintain your permenant residence here. You will need to continue to file your US taxes. Then file for a reentry permit even if you beleive that you will return within a year. It may not hurt if you return once a year and stay with family and apply for another reentry permit. Lastly, I would double check everything that is written here by making an Infopass apointment to confirm the requirements.

Good luck and enjoy Japan

Hi j-manu,

What kind of re-entry permit you're talking about? Is it like travel document, advance parole or I-131? Please explain. Thanks a lot.