Rete

Because that is what my professor taught in immigration class this year. She feels, as an immigration attorney herself, that being away from the US for more than six months might lead to problems upon re-entry and that one of the methods to help forestall a problem with abandonment of status is to have a re-entry permit. She is not the only immigration attorney that has suggested this in the last two years.

But then I'm confused with Folinsky's quote about a MYTH. If there is a myth, then why only know pipe up and say something. Why not proclaim this MYTH in the last several years of participation. And why the recommendation on every posting that any advice given here or elsewhere on the net is insufficient and only a consultation with an immigration attorney is proper.

I'm at a lost to explain and actually don't give a hoot.

scrubbedexpat099

I took it as a reference that you could lose LPR in a day, or keep it with a much much longer absence.

As always the problem is when somebody wants to push it to its limit and then wants prior confirmation that that would be OK. Now no attorney can give you absolutes about any aspect of law, at your own risk but here is what you can do to mitigate that risk. Which I am assuming is where your advice about 6 months come in.

jeffreyhy

Rete,

Thanks for the clarification. The explanation makes sense, it's one step that can be taken to help establish intent even though not a requirement unless and until the time away exceeds one year.

Many, many people ask questions about maintaining PR status during extended periods out of the country, the nature of the question clearly showing that they think time is the only factor in determining abandonment. Mr. F has many times posted that maintaining status is a grey area, and can be maintained for several years or can be lost in several days. Time is a factor, and can be the deciding factor in some situations, but it is not the only factor and in some situations it may not be the deciding factor. Mr. F has addressed this in the past, and has advised some posters to seek the counsel of an attorney who has experience with abandonment.

Regards, JEff

Lansbury

On Mon, 11 Jul 2005 14:26:11 +0000, Folinskyinla
<member4043@british_expats.com> wrote:

    >I don't know what legislation it is -- but since 9/11, it has been
    >required that an account holder must provide some type of valid TIN.

Wasn't asked for that either. In fact I only got those forms from the London
Embassy last month.

-
Lansbury
www.uk-air.net
FAQs for the alt.travel.uk.air newsgroup

Jonathan McNeil Wong

L D Jones wrote:
    > Rete wrote:
    >
    >>> Hi:
    >>> First of all, since you have an Immigrant Visa, there is no need for
    >>> "AOS". Adjustment of Status is a substitute for entry on an IV when
    >>> the person is in the United States. You note you have a "CR-1" visa.
    >>> If you ENTER the US before your second wedding anniversary, you will
    >>> get CR-1 status subject to the two year condition. You will have to
    >>> later file an I-751 application to remove the condition. If you enter
    >>> the US AFTER your second wedding anniversary, the admission will be as
    >>> a "IR-1" with no condition imposed.
    >>> Upon entry, you will IMMEDIATELY be a lawful permanent residence and
    >>> you will be given evidence in your passport as a temporary I-551
    >>> pending receipt of the actual I-551. [BTW, there is no magic inherent
    >>> in the I-551 card itself].
    >>> The issues on returning to the UK and working there are complex.
    >>> Contrary to a common myth, there is no set period of time. If you
    >>> work in the UK after your LPR admission to the US, make sure you
    >>> report the UK income on you UNITED STATES tax return.
    >>> If you anticipate being out of the US for more than year, it is a good
    >>> idea to file for a reentry permit on form I-131. The I-551 is a
    >>> reentry permit good for one year. The book type reentry permit from
    >>> the I-131 is good for two years [or the expiry of the conditional
    >>> status]. Again, please note there is no magic in the I-551 or the
    >>> Reentry Permit Book -- they are documentation which is simply evidence
    >>> of LPR status.
    >>> As a separate issue, long absences can break the continuity of
    >>> residence for naturalization purposes. However, this is a
    >>> separate issue.
    >>> Retention of LPR status while abroad is a complicated issue and you
    >>> may want to get legal advice on it. I want to emphasize that there is
    >>> a magic "length of time" that determines retention or loss is a MYTH
    >>> that refuses to die.
    >>> Good luck.
    >> Really? Then why is it that this is the very first time in my memory
    >> that YOU have mentioned this MYTH?????????????????????????????????
    >> We all know that you can lose your status in one day but the rule of
    >> thumb is if outside of the US for 6 months or longer it is wise to have
    >> a re-entry permit. While the USCIS says one year, many attorneys, my
    >> professor is one, who recommends six months.
    >> Is there a full moon tonight or perhaps there is another problem that
    >> needs discussion as to the arbitrary postings from you of late.
    >
    > I don't believe the reply was "arbitrary." I don't recall having read an
    > arbitrary post from Mr Folinsky
    >
    > I think the problem he was addressing is that many permanent residents
    > seem to continue to believe that one only has to spend 6 months a year
    > in the US to "maintain the greencard." This is a myth and always has
    > been as far as I can tell
    >
    > A single absence of 6 months probably won't cause any harm, and in the
    > OPs case if that's what he needs to do then there is unlikely to be a
    > problem

Phrased more specifically;

There is no magic rule to lose or retain. It is not formulaic. There
are rules of thumb but they are only rules of thumb, and each case is
determined on its own facts.

Now: there are formulaic rules on some entry documentation. But that's
not the same thing as abandonment. One can have a valid entry document,
such as a GC, and still be found to have abandoned. One can have no
valid entry document and still be found not to have abandoned.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

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