Green card questions

[Maeve 2]

...I couldn't really figure out what forum was the right one to ask this question in, so I figured I'd ask the all-knowing Canadians

So, my hubby is thinking of taking a job with a security firm working oversees; like the private military contractors who work in Iraq. (Scary, yes, but he's pretty excited about it. I haven't been able to talk him into any "normal" jobs, and he's still not in good enough shape to get back into the military. But anyway...)

But anyway, what we're trying to figure out is whether working abroad might invalidate his green card? I know they make exceptions for military service, and a lot of these PMCs have good rotations (9 weeks on, 3 weeks off, etc). I thought I remembered hearing that your green card was valid so long as you "made an appearance" in the country once a year or so? It'd be good for him to have a job and nice to have the extra income, I jsut don't want to jeopardize his status...

Thanks guys!

[thetreble 19]

I thought I remembered hearing that your green card was valid so long as you "made an appearance" in the country once a year or so?

I think it's more than just a week long appearance you have to make. You can leave for a year, I think, without losing it but after that I'm not sure.

With something in the military though I'm sure they'd work around it for him.

[Carlawarla 1]

I too think it's more than a years absence before you have to start looking at a re-entry permit to come back and not lose status. If he's out for 9 weeks, and then back 3...or something similar to that, it shouldn't be an issue. I would think that his only problem would be if this counts towards moving back his timeline in regards to naturalization. Maybe someone else can answer that one.

[Krikit 1,164]

There are a number of people on here who leave the US for work or school. Here's an FAQ on it from the Customs & Border Protection people: CBP FAQ - Can I Leave?

[warlord 73]

I thought I remembered hearing that your green card was valid so long as you "made an appearance" in the country once a year or so?

I think it's more than just a week long appearance you have to make. You can leave for a year, I think, without losing it but after that I'm not sure.

With something in the military though I'm sure they'd work around it for him.

This is one of the biggest things people fall for. They think comming back for a short trip will keep their status. If you do not maintain US residency and can prove it, you can come back for a month or many trips for a few days and still be invalid. A lot of people get rude awakenings when faced with the IO thinking they are save and end up getting their N-400 denied (for citizenship) or having their Green Card revoked. Maintaining residency means maintaining residency, not visiting the US. This will do nothing to preserve that. People still are in that train of thinging still and keep doing it though, thinking they'll be fine.

Now on to your subject. Is this a US company? If it is, you would have to probably file for an N-470 and apply for a re-entry permit. The N-470 will allow you to preserve your residency if you meet all the criteria for it (you'll have to look it up). The Re-entry permit will allow you back into the US after a long stay away.

Now if you are granted the re-entry permit and not the N-470, just be aware that your timeline for citizenship (if going that route) will be reset when you officially move back, so you could be pushing your qualification date a few years back.

Main thing is, make sure it's a US job (this will help), maintain a home and cars and everything you can in the US to show you are still maintaining a home here etc and you shouldn't have any issues. You might want to check http://forums.immigration.com/index.php? for more in-depth answers and exactly what you must do.

But most of all, get the "visiting the US for a short time" notion out of your thoughts now...

[Maeve 2]

Thanks everyone

I'll still be living and working here, so I don't think that the residency thing should be a problem...'cept not sure if he's going to go for an American company or a British one...Guess that might be an issue?

Probably have to call USCIS to make sure, but just wanted to check and see if anyone had any first-hand experience with this...

[Krikit 1,164]

Check in the upper forums, Maeve. There are a few posters in the Removal of Conditions and Citizenship forums who have left the country for work or school and made some posts.

[tbaygrrl 2]

I worked as a private contractor for the US military overseas in Iraq for a few years. If he takes this job, just remember, he is a civilian, not military. He must be an enlisted memeber of the armed forces to be granted an exception. Because he may work with or next to military does not matter, he is still just a civilian on contract for a company hired by the military. Also, heads up if he does take this position, that the tax breaks only are given if he spends less than 30 days in country (in US) and also, any amount over 80,000 is taxed. Lots of contrators got hit bad with taxes as they were a tad mis-led.

In terms of violating his greencard I am not sure, but I can say he will definately not be considered as Military.

[warlord 73]

Thanks everyone

I'll still be living and working here, so I don't think that the residency thing should be a problem...'cept not sure if he's going to go for an American company or a British one...Guess that might be an issue?

Probably have to call USCIS to make sure, but just wanted to check and see if anyone had any first-hand experience with this...

If it's a British one, then that will be a big issue. If it's an American one, you probably will just have to apply for a re-entry permit and when you officially come back to the US, you will have to wait a few years to apply for citizenship.

Working for a British company overseas is high grounds for a lot of issues, including revoking of the Greencard. Just having a house and stuff may not be enough. Plus visiting for short trips will definatly be the big clue to the IO that you are breaking the conditions.

You may need to seriously talk to a lawyer about this. Many people get a rude awakening in situations like this...