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Question about permanent residency and returning home

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Old May 16th 2007, 1:50 am
  #1  
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Default Question about permanent residency and returning home

I have a question regarding permanent residence status. Hoping that all goes well, my I-751 should be approved in a couple of months, granting me unconditional permanent residence status here in the US. My wife (USC) and I have also been simultaneously working on residence status for her back in the UK. Because of the nature of our business, we would like to purchase a second home back in London and live over there for a period of time also, eventually ‘ocean hopping’ between our two homes.

My question is, as a US PR, how long am I legally allowed to live and work outside the US before my residency status could be endangered and/or cancelled? And what is the minimum amount of time I would be required to remain in the US before being allowed to leave again? For example, could I leave to go live in England for 10 months, come back to the US for ten months, and leave again? Would this be acceptable?

Any advice is greatly appreciated.
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Old May 16th 2007, 2:13 am
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Default Re: Question about permanent residency and returning home

Originally Posted by Poppel
My question is, as a US PR, how long am I legally allowed to live and work outside the US before my residency status could be endangered and/or cancelled? And what is the minimum amount of time I would be required to remain in the US before being allowed to leave again? For example, could I leave to go live in England for 10 months, come back to the US for ten months, and leave again? Would this be acceptable?

Any advice is greatly appreciated.
As a PR, you are supposed to live in the USA, and only temporarily visit other countries. There is no set time frame for what you are asking...sometimes a stay of up to 2 years is allowed outside the USA, sometimes just 1 day away could put your PR status in jeopardy. If you plan to be outside the USA for more than 1 year (some say 6 months), you should apply for a re-entry permit before leaving the USA. The re-entry permit allows you to stay up to 2 years outside the USA and is renewable for another 2 years. But each case is different....for example, someone who is studying abroad probably won't lose their US PR status during that time....but someone who buys a house and claims to live outside the USA might not be so lucky.

It would be wiser to wait until you are a USC to pursue living and working in both countries, in my opinion.

Best Wishes,
Rene
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Old May 16th 2007, 2:32 am
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Default Re: Question about permanent residency and returning home

You may want to read this link, especially the part regarding "Maintaining Permanent Residence": http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

Don't forget too, that time spent outside the USA will affect how quickly you can obtain your US Citizenship.

Rene
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Old May 16th 2007, 4:03 am
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Exclamation Re: Question about permanent residency and returning home

Hello everybody,
I noticed that everyone on the board keep saying, wait until you get your citizenship and then you can go abroad if you'd like and stay there without any problems. Did you know that that is NOT the case, if you take domicile outside of the U.S. within 5 years of acquiring citizenship, then the department of state can CANCEL or REVOKE your citizenship by court action. SO, you have to become a citizen, and not live in another country for 5 years, then you can do whatever you want, but you can go in and out as you please, for example on vacation... . IF you'd like to see this for yourself, here's the link to the department of state document http://foia.state.gov/masterdocs/07fam/07m1260.pdf
Read number 7 under foreign residence.
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Old May 16th 2007, 4:46 am
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Default Re: Question about permanent residency and returning home

Originally Posted by Poppel
I have a question regarding permanent residence status. Hoping that all goes well, my I-751 should be approved in a couple of months, granting me unconditional permanent residence status here in the US. My wife (USC) and I have also been simultaneously working on residence status for her back in the UK. Because of the nature of our business, we would like to purchase a second home back in London and live over there for a period of time also, eventually ‘ocean hopping’ between our two homes.

My question is, as a US PR, how long am I legally allowed to live and work outside the US before my residency status could be endangered and/or cancelled? And what is the minimum amount of time I would be required to remain in the US before being allowed to leave again? For example, could I leave to go live in England for 10 months, come back to the US for ten months, and leave again? Would this be acceptable?

Any advice is greatly appreciated.

It's very individualized.. there are some guidelines in the link Noorah offered you, but there is no specific formula. You will probably have difficulty with both of you trying to prove that you 'really' live in opposing countries.

We finally let go of trying to live 2 places at once until my husband naturalized. You may be eligible as early as 3 years from the date your PR status was first approved (on your Green Card as 'resident since').

Oy, not to mention the tax nightmare!
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Old May 16th 2007, 5:46 am
  #6  
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Default Re: Question about permanent residency and returning home

Proudimmigrant wrote:

>>You may want to read this link, especially the part regarding
>>"Maintaining Permanent Residence": http://www.uscis.gov/portal/site/-
>>uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoidß17e6b0eb-
>>13d010VgnVCM10000048f3d6a1RCRD&vgnextchannelO719 c7755cb9010VgnVCM10-
>>000045f3d6a1RCRD
>>
>>Don't forget too, that time spent outside the USA will affect how
>>quickly you can obtain your US Citizenship.
>>
>>Rene
>
>
> Hello everybody,
> I noticed that everyone on the board keep saying, wait until you get
> your citizenship and then you can go abroad if you'd like and stay there
> without any problems. Did you know that that is NOT the case, if you
> take domicile outside of the U.S. within 5 years of acquiring
> citizenship, then the department of state can CANCEL or REVOKE your
> citizenship by court action. SO, you have to become a citizen, and not
> live in another country for 5 years, then you can do whatever you want,
> but you can go in and out as you please, for example on vacation... . IF
> you'd like to see this for yourself, here's the link to the department
> of state document http://foia.state.gov/masterdocs/07fam/07m1260.pdf
> Read number 7 under foreign residence.
>

I think that section was repealed.
 
Old May 18th 2007, 5:25 am
  #7  
L D Jones
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Default Re: Question about permanent residency and returning home

Proudimmigrant wrote:
>> You may want to read this link, especially the part regarding
>> "Maintaining Permanent Residence": http://www.uscis.gov/portal/site/-
>> uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoidþ17e6b0eb-
>> 13d010VgnVCM10000048f3d6a1RCRD&vgnextchannelO719c7 755cb9010VgnVCM10-
>> 000045f3d6a1RCRD
>>
>> Don't forget too, that time spent outside the USA will affect how
>> quickly you can obtain your US Citizenship.
>>
>> Rene
>
> Hello everybody,
> I noticed that everyone on the board keep saying, wait until you get
> your citizenship and then you can go abroad if you'd like and stay there
> without any problems. Did you know that that is NOT the case, if you
> take domicile outside of the U.S. within 5 years of acquiring
> citizenship, then the department of state can CANCEL or REVOKE your
> citizenship by court action. SO, you have to become a citizen, and not
> live in another country for 5 years, then you can do whatever you want,
> but you can go in and out as you please, for example on vacation... . IF
> you'd like to see this for yourself, here's the link to the department
> of state document http://foia.state.gov/masterdocs/07fam/07m1260.pdf
> Read number 7 under foreign residence.
>

The document you refer to is dated 1984. Can you cite any more recent
documentation that proves this is still true? I checked two copies of
the INA on line and the act no longer appears to include Section 304(d)
(it appears to have been completely removed)
 

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