ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 7 of 7

Thread: permanent resident living outside the US

  1. #1
    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. #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?

  3. #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).

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

  5. #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.

  6. #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.

  7. #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.

Similar Threads

  1. Permanent Resident/derivative
    By Jean Riccardo Rodney in forum Immigration Discussion
    Replies: 6
    Last Post: 08-20-2010, 06:37 PM
  2. Permanent resident from which date?
    By katok in forum Immigration Discussion
    Replies: 2
    Last Post: 11-24-2005, 11:35 AM
  3. Law regarding legal resident living outside US
    By in forum Immigration Discussion
    Replies: 1
    Last Post: 12-12-2002, 12:55 PM
  4. new conditional permanent resident
    By in forum Immigration Discussion
    Replies: 6
    Last Post: 10-20-2002, 10:59 PM
  5. permanent resident
    By in forum Immigration Discussion
    Replies: 2
    Last Post: 10-14-2002, 01:16 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: