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permanent resident living outside the US

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  • permanent resident living outside the US

    I'm a permanent resident living outside of the US for almost 10 month. During this period of time I was returning 3 times to the US for a few days. However, I did not apply for a reentry permit before leaving 10 months ago. What are my options right now to return to the US without jeopardizing my green card? What happens if I stay longer than 1 year outside the US?

  • #2
    I'm a permanent resident living outside of the US for almost 10 month. During this period of time I was returning 3 times to the US for a few days. However, I did not apply for a reentry permit before leaving 10 months ago. What are my options right now to return to the US without jeopardizing my green card? What happens if I stay longer than 1 year outside the US?

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    • #3
      As long as you returned to US within six months you are fine.
      Reentry permit will allow you to stay two years out of US, from the date of issuance, you must returned to US before it expires.
      How did you received your permanent resident status?
      Why you had to live abroad?
      If you over stay outside the US you will jeopardizing your I-551(Green Card).

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      • #4
        So where are you living while outside of the US? It makes a difference.

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        • #5
          I'm still living outside (Germany) the US but have returned 3 times for short periods of time. The time spam between between my initial departure from the US and the three visits was less than 6 months. I got my green card because I was approved of being a valuable scientist to the US.

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          • #6
            Even applying ahead of time for re-entry permit doesn't guarantee that the Immigration officer interviewing you for re-entry will honor it if he/she believes that you have abandoned your residency. It's your responsibility to prove your intent to live here permanently. Many short trips here probably won't do it.

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            • #7
              SOURCE:
              http://www.usvisainfo.com/object/pdf...uties_LPR.pdf#
              ----------------

              RIGHTS AND DUTIES
              AS A LAWFUL PERMANENT RESIDENT
              OF THE UNITED STATES

              3. RE-ENTRY PERMITS: If you expect to be abroad temporarily, but for mere than
              six months, it is very important to apply for a Re-Entry Permit. The Permit will
              authorize you to remain outside the U.S. for up to two years and not lose LPR
              status. An application for a Re-Entry Permit must be filed with the BCIS before
              you leave the United States, but processing m ay be completed while you are
              abroad. The Re-Entry Permit cannot be extended, but a new permit may be
              requested for an additional two-year period. Doing so will require you to return to
              the United States to file the request. We recommend that you obtain legal advice
              before you depart the U.S. for any prolonged period or for any period that will
              involve employment abroad.
              [NOTE: A re-entry permit does not preserve your eligibility for naturalization
              if you are ever outside the United States more than one year continuously.]

              4. IF YOU WORK OUTSIDE THE UNITED STATES: Consult with your attorney to
              be sure you have done everything possible to reflect your intention to return to
              your residence here. Apply for a Re-Entry Permit if there is any possibility you will
              remain outside the United States for six months or m ore; file an application to
              preserve your residence for naturalization purposes. if you have a U.S. employer,
              or work for a qualifying international or religious organization; file resident U.S. tax
              returns for your earnings both inside and outside the U.S.; consult a tax advisor
              knowledgeable in taxation while working abroad; and consider whether you may
              be eligible for expedited naturalization (See II(A)(3) above).


              E. LOSS OF LPR STATUS
              1. Although you are an LPR, you rem ain an alien. Therefore, it is still possible for
              you to lose your LPR status if you depart the United States and are found to have
              abandoned your residence here.
              2. Loss of LPR status could occur if you accept a permanent job abroad, if you fail to
              file a U.S. resident tax return, if you stay outside the U.S. for more than one year
              without a valid Re-Entry Permit or if you are otherwise found to have abandoned
              your residence in the United States.
              In determining whether you have abandoned residence, the BCIS will consider a
              number of factors (no one factor will be decisive) such as: evidence of intent to
              reside in the U.S.; maintaining assets in the U.S. such as real estate, savings
              accounts or other investments; if you stay with relatives or friends when here
              rather than staying in a hotel; and if you continue to pay taxes and retain other
              property and contacts in the U.S. (such as membership in associations, religious
              affiliations, credit or brokerage accounts).
              You do not necessarily have to own or rent a home here, but that is always a
              helpful factor. On the other hand, if you do not spend significant time in the U.S.
              or have not established a "home" here, or if you enter the U.S. with a wallet or
              purse full of foreign documents (drivers license, credit cards, etc.), or refer to your
              residence overseas as "home", that may call attention to a possible loss of
              residence.

              3. You may also lose your status if you have ever been convicted of any crim e, no
              matter now minor. You should consult your attorney if you have ever been
              arrested for any reason at all prior to filing for naturalization.
              4. You may also lose your status if it is determined that you were ineligible for LPR
              status at the time of receiving it.
              5. You may also be found ineligible for LPR status if you separated from the spouse
              or employer who petitioned for you shortly after obtaining your status. You should
              consult with your attorney before taking such action. These matters must be
              taken seriously. Even a person who has lived in the United States as an LPR
              since early childhood may lose their status and be placed in deportation
              proceedings for failure to com ply with the terms of the original grant of permanent
              residence.
              6. It is only when an LPR becomes a naturalized citizen that U.S. immigration laws
              no longer apply to him or her.

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