Maintaining Permanent Residency

[rogerluli]

I was under the impression (meaning I'm almost certainly incorrect... ) that to maintain US permanent residency it was necessary to be in the US for a minimum of 2 months/year. In looking over the USCIS site I can find nothing about that, only that if a permanent resident remains outside of the US for more than one year without obtaining a reentry permit or returning resident visa (whatever those are) they may be in deep doo-doo...

 

But the scary part is..."However in determining whether your status has been abandoned ANY LENGTH OF ABSCENCE FROM THE US may be considered, even if it is less than one year."...

 

So for those planning on living for extended periods in China with their PRC citizen spouse... What's the real deal???

 

 

 

 

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

 

You may be found to have abandoned your permanent resident status if you:

 

 

Move to another country intending to live there permanently.

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Fail to file income tax returns while living outside of the US for any period.

Declare yourself a ¡°nonimmigrant¡± on your tax returns.

[dnoblett]

Yep, only problem is if for some reason the couple decides to return to the USA to stay, then have to file for a visa to return, there is a visa for former LPRs to called a Returning Resident Visa.

 

Returning Residents (SB): Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the U.S. after a temporary visit of more than one year abroad.

http://travel.state.gov/visa/immigrants/ty...types_1306.html

 

Can be applied for at the Embassy or Consulates.

[markndannie]

Hey Roger,

looks like we will have to make a trip back every year even for a few weeks. I looked into this too and as long as you maintain a residence here I believe you will be okay. Staying in china can be more of a problem, I can see that we will just get a 90 day one time visa and then renew it at the office of entry and exit in China. We plan on spending 9 or 10 months in China and the rest in the USA maybe in the pacific northwest in summer or in fall in wisconsin.

Mark

[SirLancelot]

There are two things really at issue here Roger.

 

One is your Chinese spouse's permanent residency. The second is her eligibility for US citizenship.

 

If your ONLY concern is for her permanent residency (GC) and NOT her accumulation of time for the purpose of filing for naturalization, then practically speaking you can be out of the country for up to a year or up to two years with a re-entry permit. You can do this over and over. Even better if you have a domicile in the US and file your federal taxes each year. On a practical level, USCIS is not going to bother your wife. If she breaks the law seriously and is convicted of a felony, then it may matter, but if she's a law abiding permanent resident who files her taxes with you every year, then she should be fine generally speaking.

 

Now, if she also wants to be a USC, then it MATTERS how much time she is outside of the US. Her time outside of the US, especially if greater than 6 months, may NOT be counted towards the 3 (or 5) years minimum residency requirement to become a USC. So it matters a lot what her ultimate goals are.

 

The only hard and fast rule is that the GC holder can't leave the US for longer than 2 years. If a GC holder is out of the country for longer than two years--even if with a re-entry permit--that might be a problem. Otherwise a GC card holder is free to come and go as he or she please, on a practically level.

 

 

I was under the impression (meaning I'm almost certainly incorrect... ) that to maintain US permanent residency it was necessary to be in the US for a minimum of 2 months/year. In looking over the USCIS site I can find nothing about that, only that if a permanent resident remains outside of the US for more than one year without obtaining a reentry permit or returning resident visa (whatever those are) they may be in deep doo-doo...

 

But the scary part is..."However in determining whether your status has been abandoned ANY LENGTH OF ABSCENCE FROM THE US may be considered, even if it is less than one year."...

 

So for those planning on living for extended periods in China with their PRC citizen spouse... What's the real deal???

 

 

 

 

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

 

You may be found to have abandoned your permanent resident status if you:

 

 

Move to another country intending to live there permanently.

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Fail to file income tax returns while living outside of the US for any period.

Declare yourself a ¡°nonimmigrant¡± on your tax returns.

[tywy_99]

There is a way all that malarkey can be avoided for your Chinese SO, and that is U.S. Citizenship.

[SirLancelot]

There is a way all that malarkey can be avoided for your Chinese SO, and that is U.S. Citizenship.

 

Hi TY99, I think as China improves economically each year, you'll find more and more Chinese not wanting to give up their citizenship as we move forward. Many Chinese want to live in the US for various reasons, but they may not necessarily want to give up their Chinese citizenship. In the past, it was easier to give up as China was so poor compared to the US, but as we move forward in time, that is quickly changing for some in China. There are still a lot of poor folks in China to be sure, but there are some Chinese people who are becoming quite well off and more are added to this list each year, and I suspect many on this list will not want to give up their Chinese citizenship so easily.

[lostinblue]

Yan has a home in ChengDu all paid for and no taxes on it. She also has a 100/month retirement she does not want to loose. Her reason for maintaining Chinese citizenship.

[david_dawei]

tony has previously posted this..

 

Keeping your greencard while traveling

[jwmurphy]

The people I know want to work in the US but they want to be able to go back and retire in China.

 

Jeff

 

There is a way all that malarkey can be avoided for your Chinese SO, and that is U.S. Citizenship.

 

Hi TY99, I think as China improves economically each year, you'll find more and more Chinese not wanting to give up their citizenship as we move forward. Many Chinese want to live in the US for various reasons, but they may not necessarily want to give up their Chinese citizenship. In the past, it was easier to give up as China was so poor compared to the US, but as we move forward in time, that is quickly changing for some in China. There are still a lot of poor folks in China to be sure, but there are some Chinese people who are becoming quite well off and more are added to this list each year, and I suspect many on this list will not want to give up their Chinese citizenship so easily.

[rogerluli]

There are two things really at issue here Roger.

 

One is your Chinese spouse's permanent residency. The second is her eligibility for US citizenship.

 

If your ONLY concern is for her permanent residency (GC) and NOT her accumulation of time for the purpose of filing for naturalization, then practically speaking you can be out of the country for up to a year or up to two years with a re-entry permit. You can do this over and over. Even better if you have a domicile in the US and file your federal taxes each year. On a practical level, USCIS is not going to bother your wife. If she breaks the law seriously and is convicted of a felony, then it may matter, but if she's a law abiding permanent resident who files her taxes with you every year, then she should be fine generally speaking.

 

Now, if she also wants to be a USC, then it MATTERS how much time she is outside of the US. Her time outside of the US, especially if greater than 6 months, may NOT be counted towards the 3 (or 5) years minimum residency requirement to become a USC. So it matters a lot what her ultimate goals are.

 

The only hard and fast rule is that the GC holder can't leave the US for longer than 2 years. If a GC holder is out of the country for longer than two years--even if with a re-entry permit--that might be a problem. Otherwise a GC card holder is free to come and go as he or she please, on a practically level.

 

 

I was under the impression (meaning I'm almost certainly incorrect... ) that to maintain US permanent residency it was necessary to be in the US for a minimum of 2 months/year. In looking over the USCIS site I can find nothing about that, only that if a permanent resident remains outside of the US for more than one year without obtaining a reentry permit or returning resident visa (whatever those are) they may be in deep doo-doo...

 

But the scary part is..."However in determining whether your status has been abandoned ANY LENGTH OF ABSCENCE FROM THE US may be considered, even if it is less than one year."...

 

So for those planning on living for extended periods in China with their PRC citizen spouse... What's the real deal???

 

 

 

 

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

 

You may be found to have abandoned your permanent resident status if you:

 

 

Move to another country intending to live there permanently.

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Fail to file income tax returns while living outside of the US for any period.

Declare yourself a ¡°nonimmigrant¡± on your tax returns.

 

Okay it SEEMS that a GC holder can be out of the US for less than 2 years without any problem...Keeping a US residence, paying income taxes and being a law-abiding PR... ...But let us 'spose that you pull this 2 year bit several times in a row... ...After 10 years of being in the US say one month out of 12 or even less... please keep in mind the above quotation..."IN DETERMINING WHETHER YOUR STATUS HAS BEEN ABONDONED ANY LENGTH OF ABSENCE MAY BE CONSIDERED..."

[SirLancelot]

Okay it SEEMS that a GC holder can be out of the US for less than 2 years without any problem...Keeping a US residence, paying income taxes and being a law-abiding PR... ...But let us 'spose that you pull this 2 year bit several times in a row... ...After 10 years of being in the US say one month out of 12 or even less... please keep in mind the above quotation..."IN DETERMINING WHETHER YOUR STATUS HAS BEEN ABONDONED ANY LENGTH OF ABSENCE MAY BE CONSIDERED..."

 

On a practical level, you can do it. On a technical level, it's not advised. As your last sentence states, "ANY LENGTH" can be considered grounds for abandonment, so even if you're out for a month, they seem to imply they can keep you from returning.

[Randy W]

Okay it SEEMS that a GC holder can be out of the US for less than 2 years without any problem...Keeping a US residence, paying income taxes and being a law-abiding PR... ...But let us 'spose that you pull this 2 year bit several times in a row... ...After 10 years of being in the US say one month out of 12 or even less... please keep in mind the above quotation..."IN DETERMINING WHETHER YOUR STATUS HAS BEEN ABONDONED ANY LENGTH OF ABSENCE MAY BE CONSIDERED..."

 

On a practical level, you can do it. On a technical level, it's not advised. As your last sentence states, "ANY LENGTH" can be considered grounds for abandonment, so even if you're out for a month, they seem to imply they can keep you from returning.

 

Living in China can certainly be considered abandonment.

 

I believe we've heard from people, though, who have maintained their green card status with annual visits to the states.

[david_dawei]

Okay it SEEMS that a GC holder can be out of the US for less than 2 years without any problem...Keeping a US residence, paying income taxes and being a law-abiding PR... ...But let us 'spose that you pull this 2 year bit several times in a row... ...After 10 years of being in the US say one month out of 12 or even less... please keep in mind the above quotation..."IN DETERMINING WHETHER YOUR STATUS HAS BEEN ABONDONED ANY LENGTH OF ABSENCE MAY BE CONSIDERED..."

 

On a practical level, you can do it. On a technical level, it's not advised. As your last sentence states, "ANY LENGTH" can be considered grounds for abandonment, so even if you're out for a month, they seem to imply they can keep you from returning.

 

Living in China can certainly be considered abandonment.

That's why we call it a "visit".... a loooooog visit....

[jbray]

I did a bit of research on this (and asked around on this forum)...

 

Here's the deal... You can get a re-entry permit. That lets you stay out for 2 years (this has already been brought up)... That's probably OK for some people... The problem is, they only let you do this 2 times (in a row?), for a total of 4 years. After that you can only get one for a year at a time. That's a bit of a pain.

[rogerluli]

I did a bit of research on this (and asked around on this forum)...

 

Here's the deal... You can get a re-entry permit. That lets you stay out for 2 years (this has already been brought up)... That's probably OK for some people... The problem is, they only let you do this 2 times (in a row?), for a total of 4 years. After that you can only get one for a year at a time. That's a bit of a pain.

 

Well at least that would be an improvement over coming back to the US every year... if you don't want/need to...

Edited August 9, 2007 by rogerluli (see edit history)