keeping green card while overseas

[markndannie]

Hey everyone,

Dannie and I will be retiring soon and I am concerned about keeping her green card current. We will be living in Weihai and will return each year to the usa. Is there points of entry like guam or american samoa that can be used to enter the usa for a few days that are closer than the mainland and still meet the green card reqmnts?

Thanks

[Randy W]

Yes, but the problem is if someone gets the impression that you're trying to do that - she can be denied entry if it looks like you're not maintaining your residence in the US.

the green card holder stays outside the US for over a year s/he runs the risk of losing the green card. Also, there is a provision of law which requires the green card holder to return from a trip abroad in less than 180 days to avoid being regarded as seeking admission. Most of green card holders interpret this to mean that the trip outside the US should not exceed six months.

 

Immigration and Nationality Act No. 101(a) (13) considers the green card holder as having failed to maintain status if he or she ¡°has abandoned or relinquished that status¡± regardless of the time spent abroad. This means that ¡°intent¡± rather than specific time frames is the critical element in determining whether the individual has abandoned or maintained lawful permanent resident status.

 

You may need to look into applying for a re-entry permit (I-131)

Edited February 20, 2009 by Randy W (see edit history)

[dnoblett]

Yes, but the problem is if someone gets the impression that you're trying to do that - she can be denied entry if it looks like you're not maintaining your residence in the US.

the green card holder stays outside the US for over a year s/he runs the risk of losing the green card. Also, there is a provision of law which requires the green card holder to return from a trip abroad in less than 180 days to avoid being regarded as seeking admission. Most of green card holders interpret this to mean that the trip outside the US should not exceed six months.

 

Immigration and Nationality Act No. 101(a) (13) considers the green card holder as having failed to maintain status if he or she ¡°has abandoned or relinquished that status¡± regardless of the time spent abroad. This means that ¡°intent¡± rather than specific time frames is the critical element in determining whether the individual has abandoned or maintained lawful permanent resident status.

 

You may need to look into applying for a re-entry permit (I-131)

OR perhaps N-400 for US Citizenship. A US citizen does not have to maintain US residency.

 

Here is a list I found:

1. A Citizen Can Vote
   A citizen has the right to vote for elected officials at the federal, state and local levels who shape the policy of the government.
   
2. Dual Citizenship (Currently N/A with China)
   Certain countries, including Ireland and the United Kingdom, recognize "dual citizenship" permitting naturalized U.S. citizens to maintain their citizenship of birth and original passport.
   
3. Citizens Can Bring More Relatives From Abroad, More Quickly
   Citizens can petition for a wider variety of family members to come to the US as permanent residents. They also have much shorter waiting times for green cards, and no limits.
   
4. Citizens Cannot be Deported
   Most of us never expect to commit a crime, but if we are the victims of circumstance, in the wrong place at the wrong time, as citizens, we cannot be deported. We also don't need to worry about a lost green card or too-long stay outside the US preventing us from re-entering.
   
5. Citizens Can Retire Abroad With Full Social Security Benefits
   Citizens who retire abroad get all their Social Security benefits. Green card holders only get half of the benefits they earned.
   
6. Citizens are Entitled to More Public Benefits
   Citizens are eligible for more public benefits, including Supplemental Security Income (SSI) and Food Stamps, as well as certain academic scholarships and financial aid.
   
7. A US Citizen Can Hold Office and Have More Job Opportunities
   Only a citizen has the right to hold an elected position in most city, state or federal offices. Many federal, state and city jobs also require citizenship.
   
8. Adopted or Natural Children Under 18 May be Naturalized Automatically
   Depending on the circumstances, children born abroad, who are under 18 years of age and unmarried may be able to naturalize automatically when a parent does so.
   
9. Citizens Have More Financial and Tax Benefits
   Citizens often receive approval on loans and mortgages more easily, and/or they get better rates, because the lender knows there is less chance they will defect. Citizens are often subject to fewer restrictions on estate taxes as well.
   
10. Citizens Don't Have to Worry About Renewing a Green Card Every 10 Years
    We have enough to worry about with passports and other paperwork. As citizens, we don't have to worry about renewing a green cards every ten years.
    

http://immigration.about.com/od/whybecomea...0CitizenBen.htm

[Sebastian]

Mark - is there any plan B ?

 

I've thought to maintain two residences, and then live 4 months at a time at each, with her maintaining PRC citizen status.

Edited February 21, 2009 by Sebastian (see edit history)

[david_dawei]

If she becomes a USC... then what right do they have to retire and live permanently in china? Then she needs constant visas to stay in china?

 

I thought for those who prefer to retire and live in china, it's is better that the chinese national keep their chinese citizenship?

[canrun]

Yeah, thanks David. I posted this question in another forum but didn't get much help. I'm curious as well.

 

"I'm wondering if there are any others out there considering moving to/retiring in China WITHOUT their spouse becoming a USC. My wife wants to have a baby back in China with us both living there for an extended period of time at some point in the future but does not want USC for the same reasons as mentioned above. Just wondering how one would handle the yearly trip back (or the two year extension with the re-entry permit.) It seems the IO may be quite suspicious. Any thoughts/experiences and advice on how to handle this situation are most appreciated!"

Edited February 21, 2009 by canrun (see edit history)

[georgeandli]

Saw your post, canrun, but have no idea. Something I've thought about also. I think the issue is owning propery there. JMHO

[Randy W]

Yeah, thanks David. I posted this question in another forum but didn't get much help. I'm curious as well.

 

"I'm wondering if there are any others out there considering moving to/retiring in China WITHOUT their spouse becoming a USC. My wife wants to have a baby back in China with us both living there for an extended period of time at some point in the future but does not want USC for the same reasons as mentioned above. Just wondering how one would handle the yearly trip back (or the two year extension with the re-entry permit.) It seems the IO may be quite suspicious. Any thoughts/experiences and advice on how to handle this situation are most appreciated!"

 

 

You might state how long (how many years) you plan to stay in China, and if you plan to move back. Will you maintain a US residence, receiving mail, bills, etc.? Will you maintain your driver's license and voters registration? Would your child be an American citizen with a passport? Does your wife have a 2 year or a 10 year green card?

 

The tools you would have include the I-131, and the I-130, with worst case having to file an I-130 a year before you plan to move back.

[markndannie]

Dannie may become a usc but then she may have to give up her chinese pension and medical. I was just wondering where the entry areas are that are closer to china.

[canrun]

"Does your wife have a 2 year or a 10 year green card?"

 

Yeah...here's the big kicker I'm thinking about...We will apply in mid-May to have her conditions removed and subsequently get the 10 yr GC. Now, it's taking up to a year+ to get it in many cases. I think we would go to China late this year. We would plan on staying in China for around 1.5 years or so so she could have the baby and get it off to a healthy start and then return. What I want to know is...can we/should we file for the I-131 re-entry permit OR would that be redundant as she would (theoretically) have to return within one year due to the 1 year extension expiring? (Assuming we don't get the 10 yr GC by year's end.) Kinda muddled, I know...but any advice is appreciated! I'll be happy to re-phrase.

 

Basically, here is the same kind of question I am asking (well, sorta!):

 

http://www.visapro.com/message-board/showthread.php?t=4603

Edited February 21, 2009 by canrun (see edit history)

[Randy W]

"Does your wife have a 2 year or a 10 year green card?"

 

Yeah...here's the big kicker I'm thinking about...We will apply in mid-May to have her conditions removed and subsequently get the 10 yr GC. Now, it's taking up to a year+ to get it in many cases. I think we would go to China late this year. We would plan on staying in China for around 1.5 years or so so she could have the baby and get it off to a healthy start and then return. What I want to know is...can we/should we file for the I-131 re-entry permit OR would that be redundant as she would (theoretically) have to return within one year due to the 1 year extension expiring? (Assuming we don't get the 10 yr GC by year's end.) Kinda muddled, I know...but any advice is appreciated! I'll be happy to re-phrase.

 

Basically, here is the same kind of question I am asking (well, sorta!):

 

http://www.visapro.com/message-board/showthread.php?t=4603

 

 

I would get legal advice for the specifics of what you want to do, because of the conditional card expiration.

 

But I would think that with a I-131 and domicile evidence (bills, bank account, driver's license) she wouldn't have any trouble for that short of a stay.

 

Her 10 year card may be approved without an interview, in which case you would need to be able to receive the card in the mail (no forwarding). But can she come back to the US if she has to interview for the 10 yr card?

[Randy W]

Dannie may become a usc but then she may have to give up her chinese pension and medical. I was just wondering where the entry areas are that are closer to china.

 

 

From Jim SinoTexas:

U.S. territories include the following: Guam, Puerto Rico, the U.S. Virgin Islands, American Samoa, Swains Island and the Commonwealth of the Northern Mariana Islands

 

You might also check out the green card requirements that we've been talking about.

[dnoblett]

Dannie may become a usc but then she may have to give up her chinese pension and medical. I was just wondering where the entry areas are that are closer to china.

Hawaii, I beleive they only pre-clear in Guam with the actual POE being in Hawii.

 

http://www.cbp.gov/xp/cgov/toolbox/contacts/ports/

[canrun]

But can she come back to the US if she has to interview for the 10 yr card?

 

Only if she's not preggers!