Brain pick time: Is a permanent resident always a resident of the United States?

[elmcitymaven 9,712]

Thought I might tap into the VJ hive mind on this -- I am currently drafting an opposition to a motion to dismiss/quash service of summons based (in part) on the ground that service was improper because the defendant does not live in the United States but in Russia, and therefore service should have been made under the Hague Convention in Russia. Now, I know this guy lives in Los Angeles, he's just a complete scumbag who is evading service. One of our service people had this confirmed by the guard at his high-security apartment building. The other side is making a whole song and dance about how he's a foreign national and not a US citizen, but never do they once mention that he has a green card. How do I know? I found out by looking at other filings he made in other courts where he mentions he's a PR. There's also a particularly unhinged letter to Donald Trump that's an exhibit to a motion I found in another case in which he throws himself on the mercy of Trump, calling himself a GC holder, begging to be made a citizen so he can do a business deal because "Distraction will be tremendous , and once terrorists will discover my trick, nothing will stop them." OK then! You do you, boo.

 

Am I correct in assuming that a green card holder must maintain residence and/or domicile in the United States in order to maintain his or her permanent residence?  Thanks in advance for helping me do my job. 

[geowrian 22,338]

If this were an immigration question, I would say his permanent residence must remain within the US.

If this were a tax question, I would say he meets the green card test and therefore must file the 1040 as a resident alien.

That said, this does not sound like either of those off-hand. It sounds like possibly a family or divorce court question. That's an entirely separate discussion, in which residency may have a very different meaning.

 

22 minutes ago, elmcitymaven said:

he throws himself on the mercy of Trump

[elmcitymaven 9,712]

It's actually a commercial dispute -- breach of guaranty. The guy owns a company that is a California corporation. The company entered into a sub-sublease with our client as sub-landlord; the guy signed the guaranty. The company breached the sub-sublease, and the client sued both the company and the guy, as guarantor, as permitted under the terms of the sub-sublease and the guaranty.

 

So the question is: can a permanent resident claim NOT to be a resident of the United States? 

[geowrian 22,338]

2 minutes ago, elmcitymaven said:

It's actually a commercial dispute -- breach of guaranty. The guy owns a company that is a California corporation. The company entered into a sub-sublease with our client as sub-landlord; the guy signed the guaranty. The company breached the sub-sublease, and the client sued both the company and the guy, as guarantor, as permitted under the terms of the sub-sublease and the guaranty.

 

So the question is: can a permanent resident claim NOT to be a resident of the United States? 

Thanks.

 

Sure, they can claim it. And they may or may not be correct in that claim, depending on where they actually reside.

Although there may be consequences of making such a claim...you can't expect to claim residency only when it's beneficial and not run into trouble. So after claiming to be a resident of X, they may have an issue when they try to return to the US or request a benefit from the US and claim to be a resident there.

[elmcitymaven 9,712]

Thanks. That's pretty much what I assumed here. I'm rummaging around on Westlaw trying to figure out the actual law of this because, well, even after being on VJ for 13 years 🙄I don't know so much of immigration black letter law, even if I'm very familiar with procedure.

[geowrian 22,338]

3 minutes ago, elmcitymaven said:

Thanks. That's pretty much what I assumed here. I'm rummaging around on Westlaw trying to figure out the actual law of this because, well, even after being on VJ for 13 years 🙄I don't know so much of immigration black letter law, even if I'm very familiar with procedure.

Good luck! Please update the thread if there are any developments you wish to share.

[elmcitymaven 9,712]

1 minute ago, geowrian said:

Good luck! Please update the thread if there are any developments you wish to share.

I'll let you know. We are going to ask for an evidentiary hearing on the issue of the residence of the guy. He lives here!