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  #1 (permalink)  
Old 05-13-2011, 08:48 AM
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tertip is a jewel in the rough tertip is a jewel in the rough tertip is a jewel in the rough
Default Received green card, however already moved overseas

Hi!
I was stuck in the EB3 lineup for a long time. My PD was June 2005 and I was working on an EAD during the endless Adjustment of Status stage. After 10 years in the US, I moved to my homecountry to help my dad with the family business in April 2010. I thought the EB3 situation was hopeless. I still updated my address with the USCIS with a friend's address. So that they would send the GC to my friend in case I ever received it.

Then I received the green card in March 2011. I was surprised. My friend mailed me the card and now I happen to be overseas with a green card. I want to keep this card since there is a possibility that I might need to move back to the USA for work. Though I have some questions:

As of now, it has been just over one year that I have been outside the USA. I have heard of this "travel to US every 6 months to protect your green card" deal. Would I have a problem entering the US? Since my green card issue date is March 4, 2011, entering within 6 months of GC issue date would be OK? In that case I will pay a visit to the US sometime in August and keep doing it every 6 months?

I would like to know what other members think about this and if anyone went through a similar process. As I understand the officers at the POE are not necessarily out there to get you. But I wouldn't wanna be caught off guard after a very long and expensive flight.
Thanks a lot!!!

Last edited by tertip; 05-13-2011 at 09:04 AM.
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  #2 (permalink)  
Old 05-13-2011, 09:41 AM
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Quote:
Originally Posted by tertip View Post
Hi!
I was stuck in the EB3 lineup for a long time. My PD was June 2005 and I was working on an EAD during the endless Adjustment of Status stage. After 10 years in the US, I moved to my homecountry to help my dad with the family business in April 2010. I thought the EB3 situation was hopeless. I still updated my address with the USCIS with a friend's address. So that they would send the GC to my friend in case I ever received it.

Then I received the green card in March 2011. I was surprised. My friend mailed me the card and now I happen to be overseas with a green card. I want to keep this card since there is a possibility that I might need to move back to the USA for work. Though I have some questions:

As of now, it has been just over one year that I have been outside the USA. I have heard of this "travel to US every 6 months to protect your green card" deal. Would I have a problem entering the US? Since my green card issue date is March 4, 2011, entering within 6 months of GC issue date would be OK? In that case I will pay a visit to the US sometime in August and keep doing it every 6 months?

I would like to know what other members think about this and if anyone went through a similar process. As I understand the officers at the POE are not necessarily out there to get you. But I wouldn't wanna be caught off guard after a very long and expensive flight.
Thanks a lot!!!
I didn't think E3 PD is in 2005 per the latest VB. If i am not mistaken you got the GC in error from USCIS (happened to few people on this forum) . Please make sure to check with an immigration attorney about this if that is the case. Also as far as i know the rule is to stay in US for atleast 6 months in a calendar year to keep the GC valid. Please correct me if i am wrong
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  #3 (permalink)  
Old 05-13-2011, 10:26 AM
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OP is not from India but Turkey so he/she has received the GC under ROW category...
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  #4 (permalink)  
Old 05-13-2011, 10:28 AM
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Quote:
Originally Posted by ebizash View Post
OP is not from India but Turkey so he/she has received the GC under ROW category...
Thanks for pointing that out....
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  #5 (permalink)  
Old 05-13-2011, 10:35 AM
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Quote:
Originally Posted by tertip View Post
... I have heard of this "travel to US every 6 months to protect your green card" deal.
The legal requirement is that your primary home must be in US. In particular, you must file US Federal tax return as a "resident". If you live more than 6 months in US every year, then I think you are automatically considered as a resident. If not, either you would need prior permission from USCIS, or may have to give up your GC.
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  #6 (permalink)  
Old 05-13-2011, 11:36 AM
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tertip is a jewel in the rough tertip is a jewel in the rough tertip is a jewel in the rough
Default

I see that there are different interpretations of the "6 months" deal. Some say you should live in the US at least 6 months in one year. Some say you should plan to visit every 6 months to keep your GC while you stay overseas. I think this gets quite confusing. At least for me. Is there a legal US government document that addresses these?

I wonder if they dismiss anyone at the border based on this issue?
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  #7 (permalink)  
Old 05-13-2011, 11:56 AM
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Default

Quote:
Originally Posted by tertip View Post
I see that there are different interpretations of the "6 months" deal. Some say you should live in the US at least 6 months in one year. Some say you should plan to visit every 6 months to keep your GC while you stay overseas. I think this gets quite confusing. At least for me. Is there a legal US government document that addresses these?

I wonder if they dismiss anyone at the border based on this issue?
USCIS - Welcome to the United States: A Guide for New Immigrants


"Keep Your Immigration Status
Permanent residents who leave the United States for
extended periods, or who cannot show their intent to
live permanently in the U.S., may lose their permanent
resident status. Many immigrants believe they can live
abroad as long as they return to the U.S. at least once a
year. This is incorrect.
If you think you will be out of
the U.S. for more than 12 months, you should apply for a
re-entry permit before leaving the country.You should
file Form I-131, Application for a Travel Document.You
can get this form at USCIS Home Page or by calling
the USCIS Forms Line at 1-800-870-3676.You must pay
a fee to file Form I-131.
A re-entry permit is valid for up to two years.You may
show the re-entry permit, instead of a visa or your
Permanent Resident Card, at a port of entry. Having a
re-entry permit does not guarantee that you will be
admitted to the United States when you return, but it
can make it easier to show that you are returning from
a temporary visit abroad. Visit U.S. Department of State or
your nearest Department of State Consular Office overseas
for more information"

"File Tax Returns
As a permanent resident, you must file income tax
returns and report your income to the Internal Revenue
Service (IRS) and your state, city, or local tax department,
if required. If you do not file income tax returns while
living outside of the U.S. for any length of time, or if you
say that you are a “non-immigrant” on your tax returns,
the U.S. government may decide that you have given up
your permanent resident status."
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  #8 (permalink)  
Old 05-13-2011, 12:32 PM
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Default

Quote:
Originally Posted by tertip View Post
I see that there are different interpretations of the "6 months" deal. Some say you should live in the US at least 6 months in one year. Some say you should plan to visit every 6 months to keep your GC while you stay overseas. I think this gets quite confusing. At least for me. Is there a legal US government document that addresses these?

I wonder if they dismiss anyone at the border based on this issue?
To continue the chain the thought: Like many other immigration related laws, it is the "intention" that matters. In this situation, you need to demonstrate that you "intend to live in US permanently". Clearly your "intention" is in your head, and there is not yet a technology to read one's mind. However, the US legal system accepts the premise that your "intention" can be derived based on your "actions".

Case 1:
You live in US most of the year, have a home and a job in US, file tax return as a resident and show any international income in the tax return, etc. Your actions clearly show that you "intend to live in US permanently".

Case 2:
You after 5 years land in US claiming that you are a "permanent resident". You have no home, no job in US, did not file tax returns in US in the last 5 years. It is quite clear that you will have an extremely hard time to prove that you "intend to live in US permanently".

Case 3:
Same as case 2, but instead of 5 years, you land every 6 month for a week-long stay. I would argue that it is fairly clear you do not intend to live in US permanently --- your permanent home is somewhere else. First few times you may be given the benefit of the doubt, and after 3-4 years, there is a clear pattern in your behavior that tells that you do not intend to live in US.

There are gray cases. Suppose you were abducted by the somali pirates and came to US after 3 years after being released. I do not think INS agent will stop you from getting in.

Anyway, in terms of the law, if you do not file income tax (or file as a non-immigrant), or remain abroad for more than 1 year without a prior reentry permit, you are presumed to have abandoned GC and the onus goes on you to prove otherwise. In all other cases, it boils down to subjective interpretation of the "intention". In practice, I believe if you are abroad for less than 6 months per year, then no one assumes that you do not intent to live in US.
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  #9 (permalink)  
Old 05-13-2011, 05:56 PM
Member
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tertip is a jewel in the rough tertip is a jewel in the rough tertip is a jewel in the rough
Default

I've been out for over a year already. Though I just received my green card. I am hoping that the officer at the POE will see that my green card is newer than 6 months and will let me go without asking questions on why I have been away for so long.
Maybe I should consider applying for a re entry permit through the consulate in Turkey?
Thanks a lot for the info and opinions on this. It would still be great to hear from someone that has personal experience on this. This shouldnt be very uncommon since my GC application took 6 years and there should other people like myself taking off during this endless process/
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  #10 (permalink)  
Old 05-14-2011, 02:05 AM
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rbalaji5 is a jewel in the rough rbalaji5 is a jewel in the rough rbalaji5 is a jewel in the rough
Default Did you apply AP ?

Did you apply AP before going out of country ? . Or You just left ?..
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  #11 (permalink)  
Old 05-14-2011, 03:19 AM
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tertip is a jewel in the rough tertip is a jewel in the rough tertip is a jewel in the rough
Default

I had an AP when I left but it expired in November 2010 (about 6 months after I left). I wasn't in the US anymore so I didn't get to apply for a new one. Plus I was pretty much hopeless about my green card application and din't really expect to receive the card anytime soon.
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  #12 (permalink)  
Old 05-14-2011, 03:45 AM
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Default

Good points. I wasn't sure about another case, what about long business trips to another country? I am employed in the US and getting my salary and so on. However, due to a spurt of potential clients in Europe I am spending months at a time abroad. I don't expect to be abroad for years but would the officer at the POE have a problem if I came back after a 12 month stint abroad?

Quote:
Originally Posted by raysaikat View Post
To continue the chain the thought: Like many other immigration related laws, it is the "intention" that matters. In this situation, you need to demonstrate that you "intend to live in US permanently". Clearly your "intention" is in your head, and there is not yet a technology to read one's mind. However, the US legal system accepts the premise that your "intention" can be derived based on your "actions".

Case 1:
You live in US most of the year, have a home and a job in US, file tax return as a resident and show any international income in the tax return, etc. Your actions clearly show that you "intend to live in US permanently".

Case 2:
You after 5 years land in US claiming that you are a "permanent resident". You have no home, no job in US, did not file tax returns in US in the last 5 years. It is quite clear that you will have an extremely hard time to prove that you "intend to live in US permanently".

Case 3:
Same as case 2, but instead of 5 years, you land every 6 month for a week-long stay. I would argue that it is fairly clear you do not intend to live in US permanently --- your permanent home is somewhere else. First few times you may be given the benefit of the doubt, and after 3-4 years, there is a clear pattern in your behavior that tells that you do not intend to live in US.

There are gray cases. Suppose you were abducted by the somali pirates and came to US after 3 years after being released. I do not think INS agent will stop you from getting in.

Anyway, in terms of the law, if you do not file income tax (or file as a non-immigrant), or remain abroad for more than 1 year without a prior reentry permit, you are presumed to have abandoned GC and the onus goes on you to prove otherwise. In all other cases, it boils down to subjective interpretation of the "intention". In practice, I believe if you are abroad for less than 6 months per year, then no one assumes that you do not intent to live in US.
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  #13 (permalink)  
Old 05-14-2011, 10:46 AM
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Default

Quote:
Originally Posted by tertip View Post
Hi!
I was stuck in the EB3 lineup for a long time. My PD was June 2005 and I was working on an EAD during the endless Adjustment of Status stage. After 10 years in the US, I moved to my homecountry to help my dad with the family business in April 2010. I thought the EB3 situation was hopeless. I still updated my address with the USCIS with a friend's address. So that they would send the GC to my friend in case I ever received it.

Then I received the green card in March 2011. I was surprised. My friend mailed me the card and now I happen to be overseas with a green card. I want to keep this card since there is a possibility that I might need to move back to the USA for work. Though I have some questions:

As of now, it has been just over one year that I have been outside the USA. I have heard of this "travel to US every 6 months to protect your green card" deal. Would I have a problem entering the US? Since my green card issue date is March 4, 2011, entering within 6 months of GC issue date would be OK? In that case I will pay a visit to the US sometime in August and keep doing it every 6 months?

I would like to know what other members think about this and if anyone went through a similar process. As I understand the officers at the POE are not necessarily out there to get you. But I wouldn't wanna be caught off guard after a very long and expensive flight.
Thanks a lot!!!
dont worry.just make a trip to USA with your GC and keep coming after every 6 months. you will be fine. more reserarch you wll do more confused you wll get. GC s for future employment.

Best,

MC
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  #14 (permalink)  
Old 05-14-2011, 05:15 PM
Member
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Jun-05
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tertip is a jewel in the rough tertip is a jewel in the rough tertip is a jewel in the rough
Default

Thanks a lot for the replies guys. I guess I will have to follow MC's advise since that is the only choice I have. I am planning a trip in August 2011. That will be 5 months after receiving the GC and 16 months after leaving the USA. Wish me luck. I will post what happens at the time.
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  #15 (permalink)  
Old 08-09-2011, 12:47 AM
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Mariscal8 is on a distinguished road
Default same situation

Tertip, Im in the same situation as you and wondering how often I have to return to the US. But I applied for a re-entry permit before leaving the US and now Im waiting for the biometrics appointment.

Any guidance would be appreciated...
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