roth20

Dear all, I am seeking some advice on my current situation as a permanent resident currently out of the U.S.

My real concern is largely to do with the fact that I have so far spent only a small amount of time (Under two months) in the U.S since emigrating almost 17 months ago. I have made 4 long excursions back to the UK to study, take part in an exhibition and finally tend to a personal medical problem.

Do you think that I will have problems when trying to re-enter at Los Angeles airport this April? and should I have a lawyer in mind should I have to contest an accusation of abandonment?

My story is:

May 2007: Obtained greencard through diversity lottery as a New Zealand citizen. I have grown up in the UK and also have a British Passport (I am 26yrs at present, single and educated to a master degree level).

November 2007: Made first entry to become an LPR. First trip to Los Angeles. No friends or family in California. Returned to London three weeks later for Christmas. At this time I am enrolled on a masters degree course at my previous university in London, which was a fast track masters that would be unobtainable elsewhere for the same price or duration.

February 2008: Returned to LA, Stayed for one week and returned to London. Now I have made some friends, opened a bank account and applied for a temporary driving license.

July 2008: Returned to LA having completed Masters course. Stayed for three weeks and started to look for work. Travelled to Portugal from L.A for vacation with my girlfriend who is portugese. From late August to December I am in London, having been offered a place in a major art exhibition. I am an artist and an architect.

December: I travel to New York to consider moving there and try to make contacts. I only stay for three days before returning to London.

January to Present, I have completed my exhibition, and have been applying for jobs teaching in Los Angeles art and architecture schools. I have so far received an invitation to be a guest critic at an art school, with the hope a more solid offer of employment will come from this. I plan to stay indefinitely this time, or return to LA very quickly after any further abscences. I now have no employment in London (previously I have done ad-hoc freelance work. and am pushing to find suitable employment in California as quickly as I can. I did plan to return to LA sooner this year, but have had a cancer scare regarding my testicles - turning out to be a significantly swollen and sometime painful vein. I see my last specialist next week courtesy of the UK national health service.

I have documentation of all of the above, and have maintained an address at a new friends apartment in LA. I have a current bank account and a secured credit card. I should also have a California I.D. card awaiting me in LA. I have a social security number and will be purchasing my Health Insurance plan in the next week or so. I have also always entered the US on one-way tickets, and as I have no plans to leave LA soon, I will definitely be going one-way this time.

AlanR

Have you filed US taxes every year (perhaps 2 or 3 filings)?

scrubbedexpat099

NHS?

Tut tut.

roth20

Hi have filed for 2007 and am about to for 2008. I have also filed my state return

Rete

Have you at any point in during your brief visits to the US, filed for and taken biometrics for a re-entry permit? Absence due to schooling will not be an issue. Absence for other reasons, work, vacation, of length might well be an issue. At the very least you at one point opened a bank account. However, you do not have a permanent address. As well, you do not state if you have received the green card itself or still only have the I-551 stamp in your passport. Have you filed your US taxes during the period after becoming a US Resident?

In any case, I believe the ruling is that you will be allowed into the US once you arrival at the POE but you might be given a hearing date before an immigration judge who will make the final decision on whether or not you have abandoned your residency in the US by your long departures.

Good luck.

Rete

How can you file a state return if you have no residence?

meauxna

hush, California needs the revenue right now.

roth20

No, I havn't taken biometrics. I considered a re-entry permit in August last year, but decided against it since I wouldn't be away for more than a year. I have my greencard and not just an I-551. I have always maintained that my address is the address my bank account is registered to in the states.

roth20

I am filed a state return by declaring my address in LA - where my friend lives, as my residence.

crg

If you are accused of abandonment, they'll give you time to get a attorney and provide a list of suggested attorneys.

notacrime

There is a very good chance that you will have no problems when you return in April.

But there's a chance that you will have problems, and if so it will be a royal pain to fix, and it may not be fixable. I'm sure Mr F will be along in a minute to tell you that the area of law regarding abandonment is very complicated etc etc.

You should bring all the documentation that you have described, in case you need to produce it at the point of entry.

Good luck.

kazic

Dear Roth20,

when you next time return to America, please smile while they take your photo and fingerprints... It is called biometrics and it is something new for you established since Jan 2009.

You play game with immigration authorities. It is a cheap game because you think they can only refuse your entry.

But, you are playing the expensive game related to taxes.... Declaring the state taxes is also very unusual and means you claim very high income abroad..... The punishment for this game, if you make mistake, is not the deportation but the prison.

That is why, please smile to camera when you enter America next time...

roth20

Thanks for all your help so quickly.

Is there anything you would suggest I do to make my situation better, in terms of the way I describe it? I will definitely bring as much documentation as I can to the port of entry.

Noorah101

kazic,

I don't understand why you're being so harsh with the OP, with all the "game-playing" remarks. Seems to me he had legitimate reasons for being outside the USA, and isn't trying to play a game or get away with anything. He had reasons to be outside the USA, and is now inquiring whether he will be OK to come back in. Doesn't sound to me like he's trying to beat the system or anything.

Rene

Noorah101

There's not much you can do right now, except bring all your documentation with you. In the future, it can't hurt to have a re-entry permit, if you think you'll be spending significant amount of time outside the USA.

Rene