China Green Card

[Claire]

What are the requirements to obtain a green card in China for a USC?

 

[dnoblett]

Start by searching "Permanent Resident China"

 

Google yields this:

 

http://ae.china-embassy.org/eng/xwdt/t152147.htm

 

http://english.gov.cn/2005-08/29/content_27379.htm

 

http://www.nyconsulate.prchina.org/eng/qwbh/t151138.htm

 

http://english.peopledaily.com.cn/200408/2...820_154014.html

 

MORE:

 

http://www.china-embassy.org/eng/hzqz/zgqz/t162609.htm

Edited January 27, 2008 by dnoblett (see edit history)

[credzba]

According to the prerequisites specified in the Regulations, eligibility for permanent residence mainly applies to high-level foreign personnel who hold posts in businesses which promote China's economic, scientific and technological development or social progress, foreign citizens who make relatively large direct investment in China, persons who have made outstanding contributions or are of special importance to China, and people who come to China to be with family, such as husband and wife, minors dependent on their parents, and senior citizens dependent on their relatives.

 

http://ae.china-embassy.org/eng/xwdt/t152147.htm

 

Search google for China permanent resident

 

I have considered going this route.

China is very easy to get 6 month and 1 year visas, so I think living there while trying to gain permanent residency is not bad.

 

My most frustrating thing about US visa process is that they keep husband and wife apart for the duration of the process, when they would have granted a visa to the foreign spouse otherwise.

[Claire]

My man and I have decided that, we will get marry in the US and go back to China because that's where all his work and business is. He is his own boss. His parents love him, he's the first son in the family. He has to look out for his two young brothers. It will be so hard to not see him again in a very long time away from his family.

 

He's a hardworking man and would love to visit the US and stay for vacations. His heart is in China. =)

 

Can he still go back to China and live there with a two year unconditional green card in the US? As long as he returns to the US within the time frame the green card expires, he can still renew it as many times as he wants? How long after we file the AOS that he goes for an interview to get a green card?

 

Thanks everyone. =)

Edited January 27, 2008 by Claire (see edit history)

[dnoblett]

My man and I have decided that, we will get marry in the US and go back to China because that's where all his work and business is. He is his own boss. His parents love him, he's the first son in the family. He has to look out for his two young brothers. It will be so hard to not see him again in a very long time.

 

Can he still go back to China and live there with a two year unconditional green card in the US?

It took us 4 months to get green-card after marriage on a K-1 visa. Time to get card can vary by quite a lot of time, can be 4 months, to several years depending on name checks.

 

Green-card is for persons to live in country permanently, NOT to live outside the country of "RESIDENCE" for long periods of time, to maintain the green-card you must be a resident of the country that issued the green-card.

 

So if you do get US-Green-card and then reside out of the USA this has the affect of giving up residence in the USA and invalidates the green-card.

 

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.
  

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

Only way to avoid this is to naturalize and become a US Citizen.

Edited January 27, 2008 by dnoblett (see edit history)

[Claire]

The Permanent Resident Card (either unconditioned or conditioned) can be used to prove employment eligibility in the US when completing the Form I-9 for a new employer. It can also be used to apply for a Social Security Card and a state issued driver’s license. The card is valid for readmission to the United States if the trip was not greater than one year in length. If a trip will last longer than one year, a reentry permit is needed.

 

We'll always return to the US once in a year. I think this will work out. =) We want to live in China but still have some of the rights like any USC for my man. We'll do whatever it takes to keep his permanent resident in the US. I'm gonna try to a get a Green Card in China too. Yeap. That's the plan.

Edited January 27, 2008 by Claire (see edit history)

[Randy W]

My man and I have decided that, we will get marry in the US and go back to China because that's where all his work and business is. He is his own boss. His parents love him, he's the first son in the family. He has to look out for his two young brothers. It will be so hard to not see him again in a very long time.

 

Can he still go back to China and live there with a two year unconditional green card in the US?

It took us 4 months to get green-card after marriage on a K-1 visa. Time to get card can vary by quite a lot of time, can be 4 months, to several years depending on name checks.

 

Green-card is for persons to live in country permanently, NOT to live outside the country of "RESIDENCE" for long periods of time, to maintain the green-card you must be a resident of the country that issued the green-card.

 

So if you do get US-Green-card and then reside out of the USA this has the affect of giving up residence in the USA and invalidates the green-card.

 

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.
  

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

Only way to avoid this is to naturalize and become a US Citizen.

 

Not true - you must be "found" to have abandoned your permanent residency. The exact trigger for this is hard to pin down, but you must maintain a residence in the US (somewhere where you can receive mail). It is generally accepted that you must return to the US at least once a year, although there are no clear guidelines on how often, or how long you will need to stay.

 

It's been done.

Edited January 27, 2008 by Randy W (see edit history)

[Guest Rob & Jin]

We'll always return to the US once in a year. I think this will work out. By the way what is a re-entry permit?

 

No with a green card your/ his permanant residence must be in the USA, if too much time is spent in another county ( i believe if less than 6 months in a 1 year period in the USA) then green card will become invalid. Cant remember the exact times, but it is fixed.Be careful

Edited January 27, 2008 by Rob & Jin (see edit history)

[dnoblett]

The Permanent Resident Card (either unconditioned or conditioned) can be used to prove employment eligibility in the US when completing the Form I-9 for a new employer. It can also be used to apply for a Social Security Card and a state issued driver’s license. The card is valid for readmission to the United States if the trip was not greater than one year in length. If a trip will last longer than one year, a reentry permit is needed.

 

We'll always return to the US once in a year. I think this will work out. =) We want to live in China but still have some of the rights like any USC for my man.

Per USCIS: "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."

 

They can and do revoke green-cards if they can clearly see that time spent out of the USA is longer than time actually being a resident of the USA. So for example you live in China for 9 months and then return to the USA for a few months and then return to China for another 9 months. This is not being a resident of the USA, and they can and do consider the green-card abandoned because it is evidential that you are not being a resident of the USA.

 

Also, removal of conditions on a conditional green-card require evidence of living together in the USA.

 

Many in your situation will live in foreign country for some time, and then when they do decide to settle in the USA, they file for an immigrant visa and immigrate to the USA.

 

US Green-card is not for living here and there, it is for living HERE. Or you get a green-card (D Visa) from China to live there.

Edited January 27, 2008 by dnoblett (see edit history)

[Randy W]

Here's a much better discussion of Green Card Abandonment on the British ex-pats' forum.

 

 

However, after six months, there is a shift in this process. It is now up to YOU to prove that you HAVE NOT abandoned your PR status. When you come in you have to have a pretty good story, along with evidence of keeping a residence in the USA (i.e. rent payments, utility bills, mortgage payments, bank accounts, tax returns etc.) that would justify in their mind "yea, this person was away for a long period of time, but it was just a long vacation or they had to care for a loved one".

 

If you are gone for more than a year, there is a 'de facto' presumption that you have abandoned your GC (not an issue to be proved one way or the other). If you are gone for more than a year, you will probably be pulled into secondary screening at the airport and given a real thorough review of where you have been over the last 12 months.

 

So, what can you do if you have to be gone more than 12 months.

 

You can apply--should apply--for a 'returning resident visa' which will allow you to stay out for up to 2 years (not longer). It is called an SB-1. There are also some exemptions you can get if you a) are in the service of the US military or government, B) the clergy, c) working overseas for a US business. You should also consider a I-131 which you apply for before you leave:

 

The I-131 is the same form that we use for AP.

[Claire]

Here's a much better discussion of Green Card Abandonment on the British ex-pats' forum.

 

 

However, after six months, there is a shift in this process. It is now up to YOU to prove that you HAVE NOT abandoned your PR status. When you come in you have to have a pretty good story, along with evidence of keeping a residence in the USA (i.e. rent payments, utility bills, mortgage payments, bank accounts, tax returns etc.) that would justify in their mind "yea, this person was away for a long period of time, but it was just a long vacation or they had to care for a loved one".

 

If you are gone for more than a year, there is a 'de facto' presumption that you have abandoned your GC (not an issue to be proved one way or the other). If you are gone for more than a year, you will probably be pulled into secondary screening at the airport and given a real thorough review of where you have been over the last 12 months.

 

So, what can you do if you have to be gone more than 12 months.

 

You can apply--should apply--for a 'returning resident visa' which will allow you to stay out for up to 2 years (not longer). It is called an SB-1. There are also some exemptions you can get if you a) are in the service of the US military or government, the clergy, c) working overseas for a US business. You should also consider a I-131 which you apply for before you leave:

 

The I-131 is the same form that we use for AP.

 

 

Thanks. This was very informative.