Temp Gren Card

[Kandrus 0]

My wife has received her green card. She must be in Brazil about 11 months of each year. Will this affect her ability to get her 10 year green card?

[Kez/JWolf 6]

How can she be a permanent resident of the US if she lives in Brazil and only spends 1 month a year here????

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.

Kez

[Yodrak 7]

Kandrus,

Not as long as she maintains her primary residence that she does not intend to abandon in the USA. And can demonstrate as much if questioned about it.

This is a very fact-specific issue, and you do not present much in the way of facts .......

Yodrak

My wife has received her green card. She must be in Brazil about 11 months of each year. Will this affect her ability to get her 10 year green card?

Edited June 15, 2007 by Yodrak