Permanent Resident and studying abroad.

[szarakdorsz 1]

Hello,

This month I've received my Green Card and I'm planning to start studies abroad (in my homeland) for three years to get my bachelors degree and continue my masters in the US. The only thing I am concerned about is loosing my Green Card. I intend to live in the US after I obtain my bachelors degree.

I also want to get my citizenship as soon as possible, therefore I don't want to apply for a Reentry Permit, unless if necessary (because it breaks the "stay-streak"). Would the USCIS have a problem if during these three years I would travel to the US every six, five months for a month or two? Or would it be safer to get a Reentry Permit and travel to the US every two years?

I have a bank account, drivers license, during these few months that I'll be in the US I'll have some income, my mother and stepfather (both citizens) live in the US, my fathers sister and mother are also US citizens. Will this be enough to convince the officer that I have strong bounds to the land?

[Inky 1,110]

Hello,

This month I've received my Green Card and I'm planning to start studies abroad (in my homeland) for three years to get my bachelors degree and continue my masters in the US. The only thing I am concerned about is loosing my Green Card. I intend to live in the US after I obtain my bachelors degree.

I also want to get my citizenship as soon as possible, therefore I don't want to apply for a Reentry Permit, unless if necessary (because it breaks the "stay-streak"). Would the USCIS have a problem if during these three years I would travel to the US every six, five months for a month or two? Or would it be safer to get a Reentry Permit and travel to the US every two years?

I have a bank account, drivers license, during these few months that I'll be in the US I'll have some income, my mother and stepfather (both citizens) live in the US, my fathers sister and mother are also US citizens. Will this be enough to convince the officer that I have strong bounds to the land?

You will not maintain residency status doing this. At 6 months of stay outside the USA the CBP can refuse you entry and take away your green card at their discretion. Also leaving and entering constantly for short periods of time can trigger the CBP to believe that you are not residing in the USA and you are not using the GC as its meant to be used then remove the green card from you.

[RickJovi 81]

You will not maintain residency status doing this. At 6 months of stay outside the USA the CBP can refuse you entry and take away your green card at their discretion. Also leaving and entering constantly for short periods of time can trigger the CBP to believe that you are not residing in the USA and you are not using the GC as its meant to be used then remove the green card from you.

The green card is not intended for you to leave the country to study abroad. Sounds like you don't have your priorities straight. If you wanted to finish your studies then you should have never come here. If I were you I would consider finishing your studies here. If not you didn't use the immigration process as it was intended. Your going to lose your green card anyway once you start going in and out if the U.S. on a consistent and regualr basis for extended periods of time. Stay out of the U.S. for I think more than 1 year and you automatically will forfeit your right as a LPR as USCIS will look as you not using the green card as it was intended and that is to be a LPR living and residing in the U.S.

[szarakdorsz 1]

I never mentioned that I'll stay outside of the US without the Reentry Permit longer than 180 days. Are you sure that that six trips back and forth will trigger the CBP, even if I have half of my family in the US and will spend there 3-4 month a year?

[newlyweds2010 208]

When you apply for citizenship, USCIS will check whether you spent in the US at least half of the time required to naturalize. Until you have reached that amount of days, you will not be eligible to become a citizen. Also, long stays abroad (I believe 6 months and more), will restart the clock from 0. Either way, spending 3 years abroad will delay your naturalization process. If you do not apply for a reentry permit, you may also compromise your LPR status. I would err on the safe side.

[szarakdorsz 1]

When you apply for citizenship, USCIS will check whether you spent in the US at least half of the time required to naturalize. Until you have reached that amount of days, you will not be eligible to become a citizen. Also, long stays abroad (I believe 6 months and more), will restart the clock from 0. Either way, spending 3 years abroad will delay your naturalization process. If you do not apply for a reentry permit, you may also compromise your LPR status. I would err on the safe side.

I know, I need to be at lest 2.5 year physically in the US, which would not be a problem I already am here six months, plus after I finish bachelors, I'll have still two years to go (IF I wont stay longer than 180 days out of the US). Don't have to mention that getting a bachelor in Europe takes 3 years, not 4 like in the US and I get it for FREE.

So... I see that getting the citizenship in the next 5 years is a questionable thing. OK, I guess that Reentry Permit it is then. Right now I'm leaving for some time to Europe to get myself signed in a university and help my father with his business, coming back for few months, then I should apply for a Reentry Permit, and go study. Right?

[szarakdorsz 1]

Oh, and If I go with the six months way, do I get a warning from the USCIS or they just ban me right away on the airport? Because if they send me a warning and open a case in the court, I believe I could easily defend myself.

[newlyweds2010 208]

Oh, and If I go with the six months way, do I get a warning from the USCIS or they just ban me right away on the airport? Because if they send me a warning and open a case in the court, I believe I could easily defend myself.

I believe that when you try to reenter the US the CBP officer, at his/her discretion, may take your green card. That will be your warning. For reasons of due process, you will still have your day in court in front of any immigration judge.

[szarakdorsz 1]

But holding and maitaining an American Drivers Licence, Bank Account with some income, paying taxes, having Immediate Relatives living in the US (I live with my mother), having a membership at a gym, voting (if I am eligible), keeping records of strong ties to the US, minimizes the risk of loosing the card, right? Or is it just baloney?

I mean, it clearly says it is OK to leave the States without consequences for no longer than six months. Technically I will travel home twice a year (every six/five months), and stay at least 1,5 month per comeback. I just hate this "yeah you can do it, but not really" sort of bullshit.

Edited March 8, 2012 by szarakdorsz

[Inky 1,110]

But holding and maitaining an American Drivers Licence, Bank Account with some income, paying taxes, having Immediate Relatives living in the US (I live with my mother), having a membership at a gym, voting (if I am eligible), keeping records of strong ties to the US, minimizes the risk of loosing the card, right? Or is it just baloney?

I mean, it clearly says it is OK to leave the States without consequences for no longer than six months. Technically I will travel home twice a year (every six/five months), and stay at least 1,5 month per comeback. I just hate this "yeah you can do it, but not really" sort of bullshit.

Your not legally allowed to vote. You vote and you may never get citizenship.

CBP have the last say even if you have proof at the border with you they can decide not to believe you. You would have to carry all the papers and proof every time you crossed but its no guaranty they will accept it.

[Gary and Alla 3,694]

You will not maintain residency status doing this. At 6 months of stay outside the USA the CBP can refuse you entry and take away your green card at their discretion. Also leaving and entering constantly for short periods of time can trigger the CBP to believe that you are not residing in the USA and you are not using the GC as its meant to be used then remove the green card from you.

No true Inky. Our son will successfully complete a 5 year program for a masters in Russia this year and has done so as a permanent resident with several stays outside the US of 10 months. He never had ANY questions asked.

He carried with him upon entry proof he was a student, proof he registered at his Russian school as a US resident, US drivers lisence, US draft card, US bank issued debit card, 3 months bank statements from his US bank, copy of most recent year tax return, copies of his w-2s. He was never asked for any of this. He could have been.

When Alla just got her citizenship we further asked if these absences will affect his citizenship timing. The answer? NO! He can be outside the US for more than 6 months IF he can demonstrate he maintained US residency and it was for "cause". Education is an accepted cause.

You must be careful but you CAN do it. We did.

Personally I am relieved he will be doing his doctorate here and will be staying in the US the next time he returns and will be a citizen before he completes the doctorate.

Read the instructions at "Maintaining US residency" and also the instructions for the N-400 application for citizenship.

[Gary and Alla 3,694]

Your not legally allowed to vote. You vote and you may never get citizenship.

CBP have the last say even if you have proof at the border with you they can decide not to believe you. You would have to carry all the papers and proof every time you crossed but its no guaranty they will accept it.

Yes you should carry those papers. Sergey did and I always made sure of this and went over the checklist with him each time he came home. And TRUE they do not HAVE TO Let you in but that is always the case until you are a US citizen. There would be no REASON to deny entry to a person that has complied with all the stated rules to maintain US residency.

As I said, Sergey did it, attended school in Russia and returned here for the summer. He did it for three of the 5 years and was out of the country for two periods of ten months, one period of four months and now another period which will be 4 months. So far he has not been asked any questions. NONE. At his last entry in January he was told that IF he is going to stay out for more than 6 months he should have this documentation. He said "I have it right here" and they just nodded and let him through.

I believe that when you try to reenter the US the CBP officer, at his/her discretion, may take your green card. That will be your warning. For reasons of due process, you will still have your day in court in front of any immigration judge.

You believe wrong. You can do this, I am not guessing.

[Gary and Alla 3,694]

I know, I need to be at lest 2.5 year physically in the US, which would not be a problem I already am here six months, plus after I finish bachelors, I'll have still two years to go (IF I wont stay longer than 180 days out of the US). Don't have to mention that getting a bachelor in Europe takes 3 years, not 4 like in the US and I get it for FREE.

So... I see that getting the citizenship in the next 5 years is a questionable thing. OK, I guess that Reentry Permit it is then. Right now I'm leaving for some time to Europe to get myself signed in a university and help my father with his business, coming back for few months, then I should apply for a Reentry Permit, and go study. Right?

It does not necessarily affect citizenship either. PLEASE read the instructions for the N-400 carefully. At Alla's recent citizenship interview she was specifically instructed to bring proof she "had maintained residency" for any absences more than 6 months. We specifically inquired with the local office Cheif regarding our son's citizenship. Prove residency for any absence over 6 months and you should be good to go. How to prove it?

Tax returns, drivers license, bank accounts, insurance, register for the draft (men 18-26), have a job when you are here, show that absences were minimal for the needed cause, etc. They CAN delay your citizenship for absences over 6 months or they CAN grant you citizenship based on your mainitaining residency. Worst case? You wait another year for citizenship. Not a big deal.

I can tell you without question we are one of the only families here at VJ that has actually done this successfully, others are speculating and not reading carefully. I know it can be done.

[aaron2020 11,651]

I know, I need to be at lest 2.5 year physically in the US, which would not be a problem I already am here six months, plus after I finish bachelors, I'll have still two years to go (IF I wont stay longer than 180 days out of the US). Don't have to mention that getting a bachelor in Europe takes 3 years, not 4 like in the US and I get it for FREE.

Notice that Gary and Alla's son claimed US residency when he enrolled in the foreign college.

So... I see that getting the citizenship in the next 5 years is a questionable thing. OK, I guess that Reentry Permit it is then. Right now I'm leaving for some time to Europe to get myself signed in a university and help my father with his business, coming back for few months, then I should apply for a Reentry Permit, and go study. Right?

[aaron2020 11,651]

I know, I need to be at lest 2.5 year physically in the US, which would not be a problem I already am here six months, plus after I finish bachelors, I'll have still two years to go (IF I wont stay longer than 180 days out of the US). Don't have to mention that getting a bachelor in Europe takes 3 years, not 4 like in the US and I get it for FREE.

So... I see that getting the citizenship in the next 5 years is a questionable thing. OK, I guess that Reentry Permit it is then. Right now I'm leaving for some time to Europe to get myself signed in a university and help my father with his business, coming back for few months, then I should apply for a Reentry Permit, and go study. Right?

Will you be claiming US residency or home country residency to attend college for FREE? Notice that Gary and Alla's son claimed US residency to attend college in Russia so he could maintain his LPR status. An LPR who claims a non-US resident is deemed to have abandoned his LPR status; he can't be a US resident and a resident of his home country. If you claim home country residency to get your FREE college education, you effectively abandon your US residency.