Can we Move to Japan and still keep Green Card

[atg 0]

Hello, I havent posted at visajourney forever and I had a question.

My wife is from Japan, we can remove her conditions on her green card around next August, so August 2008. However we would like to move and live in japan either before that time or after, depending on if that would even make a difference.

The only thing is we dont want to give up the green card. Is there anyway to keep the status even though we would be living in Japan?

The reason for this is because we would like to keep all future options open. We really dont want to go through the whole immigration process again if say 10 years down the line we want to move back here.

If we live in Japan we will of course visit my family in america at least once or twice a year. Would continuosly coming back into the USA keep her green card intact?

Does anyone have any advice or experience about something like this? Any help would be greatly appreciated! thankyou in advance!

And if this is not possible and we still want to move then what? Do i contact the government and say we know longer need the greencard? I just feel itd be such a waste if after all this waiting we couldnt keep the status.

also if this is the wrong section maybe someone could point me somewhere else, but this seemed sort of like the best fit.

[YuAndDan 153]

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

Some if remaining out of country for several years just apply for a Returning Resident Visa visa, or better yet wait the 3 years residency in the USA and naturalize and become a citizen then no LPR status to worry about loosing.

SEE: Returning Resident Visa (US Embassy Japan)

[atg 0]

thankyou so much for the information!!!

Id love if my wife could become naturalized. The only problem is Japan doesnt allow Dual Citizenship, however i have heard that people have gotten around this somehow.

If anyone know anything about that feel free to chime in. Thanks!!!

[KJandSH 0]

This is interesting. My husband and I plan on living in Korea for a while in the future. Korea also does not allow dual citizenship and, in addition, they require that citizens periodically return to Korea to retain Korean citizenship. So my husband has to make sure he spends time in each country to retain his Korean citizenship and make sure he doesn't lose his status as a permanent resident (he ultimately wants to retain his Korean citizenship rather than becoming a U.S. citizen).

Kristi

[atg 0]

This is interesting. My husband and I plan on living in Korea for a while in the future. Korea also does not allow dual citizenship and, in addition, they require that citizens periodically return to Korea to retain Korean citizenship. So my husband has to make sure he spends time in each country to retain his Korean citizenship and make sure he doesn't lose his status as a permanent resident (he ultimately wants to retain his Korean citizenship rather than becoming a U.S. citizen).

Kristi

wow!! sounds like you got an even trickier situation then me!! Hopefully someone who has done something like this can help out and give some advice.

[nonameexist 0]

I've been reading up on this myself, as my husband and I plan on moving to the UK and want to maintain is LPR status. So far it doesn't seem too hopefully. I found a few website that all give similar suggestions for mainting your status while living abroad, but I get the feeling you are always at the will of the immigration officer.

Here is a very long explination:

The Totality Test to Determine the Alien's Intent

No single factor in the above list is controlling with regard to the alien's intent to maintain legal permanent resident status in the U.S. The USCIS officers will analyze all relevant factors and circumstances of the alien, and look to the "totality of the circumstances" to decide.

As a general rule, if a LPR leaves the U.S. for one year or less, he/she can use the green card as a reentry document. By contrast, when an alien is absent from the U.S. for more than one year, he/she may have a difficult time reentering the country because the USCIS takes the position that an absence of longer than one year in duration indicates a possible abandonment of U.S. residency. For those LPR’s who have been out of the U.S. for more than one year, they will need to obtain reentry permits or special immigrant visas. Many green card holders accordingly believe that in order to keep their LPR status they can simply return to the U.S. once a year and stay for several weeks. This, however, is a grave error. Merely returning to the U.S. and using the green card once a year has little bearing on the question of whether the LPR has maintained the intention to remain a permanent resident of the U.S. In fact, although some aliens have returned to the U.S. more often than once a year, they lose their LPR status because they lack sufficient ties with the U.S. indicating that they consider the U.S. to be their country of permanent residence. An alien may have multiple residences as a LPR, however, in order to keep his/her green card, he/she must retain the U.S. residence as the permanent one.

Therefore, all LPR’s who wish to keep their green cards should take the necessary steps in accordance with the above to establish sufficient facts evidencing that they are maintaining strong ties with the U.S. and retaining the U.S. as their permanent home.

Necessary Steps to Assure Continuity of LPR Status

An LPR who will travel abroad for a considerable length of time should take certain steps to assure that his/her permanent resident status will not be lost.

· Filing Tax Returns as a U.S. resident

Under all circumstances, a LPR must file tax returns as a U.S. Resident Alien annually with the IRS. To properly file such a tax return, the LPR must claim his/her worldwide income in the return. Filing a tax return as a resident alien does not necessarily mean that the alien must actually pay income taxes if he/she is employed overseas, because treaties and foreign tax credits may minimize the tax amount actually paid to the IRS. Filing tax returns as a non-resident alien will raise an assumption that the alien has abandoned his/her U.S. permanent residency.

· Strong family ties in the U.S.

If an LPR is employed abroad or has to travel overseas for a considerable length of time, it is preferable for his/her immediate family members, including any spouse, children, and parents, to remain in the U.S. Documentation of strong family ties to the U.S. shows the LPR's intention to keep his permanent resident status.

· Overseas employment

Employment abroad is the most common reason that LPRs are absent from the U.S. for an extended period. A written statement from the employer, or an employment contract identifying the length and term of the overseas job, will help provide objective facts for the analysis of USCIS with regard to the LPR's intention to retain his/her permanent resident status. In addition, if possible, a statement that the LPR will be transferred back to the U.S. after the completion of the overseas employment will be very helpful.

· Other strong ties with the U.S.

Even if an LPR is engaged in overseas employment and/or has close family members in the U.S., it is advisable to maintain as many ties with the U.S. as possible. If an LPR is not engaged in overseas employment and has no family members in the U.S., he/she must be able to establish other strong ties. The ties with the U.S. which evidence that an alien retains his/her U.S. permanent residence are listed as follows:

1. Maintenance of a mailing address in the U.S.:

An LPR should maintain a mailing address in the U.S. to receive mail. The LPR can designate his/her mailing address at the home of a relative or friend, or at the place where the LPR owns real property.

2. Keep a driver's license and renew it timely:

An LPR should maintain a valid driver's license throughout the period when he/she is absent from the U.S.

3. Maintain a bank account in the U.S.:

Before an LPR departs from the U.S., he/she should open a bank account with a U.S. bank, and leave it open and use it during the stay abroad. The monthly bank statement is very helpful to document strong ties with the U.S.

4. Use a credit card:

Before an LPR departs from the U.S., he/she should apply for and obtain a credit card issued by a U.S. bank. Consistent use of the credit account will help to establish that the LPR has strong ties with the U.S.

5. Pay a mortgage:

While an LPR is staying outside the U.S.; he/she should pay any house mortgage or car loan timely, and keep all records of payment.

6. Maintain professional or social memberships:

If an LPR is a member of a professional association in the U.S., he/she should keep ties with the association, which includes paying dues or fees timely, receiving journals or attending annual meetings.

· Document good reasons to be absent from the U.S.

If an LPR is not employed abroad and no family members are present in the U.S., the LPR should be prepared to give good reasons with strong documentation for a prolonged absence, especially when the LPR has not established other strong ties with the U.S. This situation often arises when an alien becomes an LPR and before he/she establishes firm roots in the U.S. Good reasons for being absent from the U.S. include but are not limited to: taking care of a sick family member in the home country, taking care of family business abroad, liquidating overseas assets, administering the estate of a deceased relative, etc. Regardless of the circumstances, these reasons must be well documented.

· Reentry Permit

Lawful permanent residents or conditional permanent residents who wish to remain outside the U.S. for more than one year, but less than two years, may apply for a re-entry permit. A Reentry Permit allows a permanent resident of the U.S. to reenter the U.S. after traveling abroad for longer than one year but less than two years. As discussed before, if a LPR travels abroad for a period longer than one year, he/she faces a risk of denial of the admission into the U.S. on the ground that he/she has abandoned his/her permanent resident status. A Re-entry Permit is designed to solve this problem.

In addition, a Reentry Permit serves as a passport for a legal permanent resident of the U.S. if he/she has no passport and cannot obtain one from the country of his/her nationality.

For more information about Reentry Permit, please click here.