retaining green card while living abroad

[jigaruk 0]

Hi VJ members

I have recently been approved for my immigration visa for USA on marriage basis. The situation is that I've been offered a very good job in the UK which I dont want to miss and would like to gain some experience. On the other hand I do not want to give up green card as well to move to USA at a later time.

Is there a way to retain green card for few years without having to live in states?

on second note!

is there any restriction on number of days/months in a year to be spend in USA in order to retain green card and eventually be eligible for US citizenship?

Your help will be highly appreciated.

Regards

jigar

[Dr. Obvious 49]

Unfortunately not. If you have no residence in the US, no intention to create one, nor any immediate immigrant intent, they will revoke your green card and rightly so. You will have to go through the process again.

Edited July 2, 2007 by Wacken

[jigaruk 0]

Unfortunately not. If you have no residence in the US, no intention to create one, nor any immediate immigrant intent, they will revoke your green card and rightly so. You will have to go through the process again.

Rightly said. but I vaguely remember someone saying something about re-entry permit, which allows you living abroad for 2 years and you can retain your green card. any ideas on that?

[Boiler 45,525]

You have to reside in the US.

There are some exceptions revolving around being sent abrard by a US Company or the US Government.

Does not sound your case.

Maintaining residency is a complicated issue, few Immigration Lawyers know the area.

[YuAndDan 153]

From USCIS site:

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. (You need to maintain domicile in the USA)
  
• 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

For eventual citizenship

Residency

An applicant must have been lawfully admitted to the United States for permanent residence. Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status.

See Also INA 316

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

• has been lawfully admitted for permanent residence (see preceding section);
  
• has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year; (3 years if married to a US Citizen)
  
• has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
  
• has resided within a state or district for at least three months
  

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

SEE also: http://www.uscis.gov/files/article/M-476.pdf

[jigaruk 0]

Thanks a bundle. it is very helpful

regards

From USCIS site:

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. (You need to maintain domicile in the USA)
  
• 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

For eventual citizenship

Residency

An applicant must have been lawfully admitted to the United States for permanent residence. Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status.

See Also INA 316

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

• has been lawfully admitted for permanent residence (see preceding section);
  
• has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year; (3 years if married to a US Citizen)
  
• has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
  
• has resided within a state or district for at least three months
  

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

SEE also: http://www.uscis.gov/files/article/M-476.pdf

[pushbrk 12,893]

Hi VJ members

I have recently been approved for my immigration visa for USA on marriage basis. The situation is that I've been offered a very good job in the UK which I dont want to miss and would like to gain some experience. On the other hand I do not want to give up green card as well to move to USA at a later time.

Is there a way to retain green card for few years without having to live in states?

on second note!

is there any restriction on number of days/months in a year to be spend in USA in order to retain green card and eventually be eligible for US citizenship?

Your help will be highly appreciated.

Regards

jigar

Since there is no timeline and you don't mention actually using the visa yet, you must use the visa and enter the US within six months of issue or there will be no green card based on the visa. Once you enter, you could theoretically return to the UK for up to a year. A few visits could take care of some of the requirements but if you must leave for more than a year, you'll need that re-entry permit. If you just want to work at the job a year, you'll probably get by with a couple visits for holidays as long as you can document and follow through with your intent to permanently reside in the USA within a reasonable time.

A few years is out of the question. You would need to forget it and start over when you are ready to immigrate.

[john_and_marlene 162]

You may be deemed to have abandoned your permanent residence even for periods of much less than 6 months.

Do you intend to file US income tax for the period you work in the UK?

If you do, it will be apparent you are working and residing outside the U.S.

If you don't, that is a clear reason to revoke your permanent resident status.

You will have to show that you have established and have maintained a domicile in the US.

[kins 0]

I got my green card in 2000, then moved back to the UK shortly afterwards initially for a year so my husband could do teacher training there.

I did get an extension for that year, but after that I was told if I stayed abroad I would risk losing my green card.

When the two year conditional period was up I was still in the UK, and I phoned to ask if there was any way I could get the conditional status removed from my green card if I was living in the UK and I was told absolutely no way.

I was then told if I wanted to travel to the US I needed to formally give up my green card, which I did.

I then went through the whole green card application process this year which took 6 months, cost me hundreds of pounds, and meant that my husband and I ended up having to live apart from each for two months.

If I did it again would I stay in the US or move to England and give up the green card again? No way! I would stay in the US till I had the green card, and probably till I had US citizenship, rather than go through it all again.