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Can a GC card holder work in foreign countries without risk?

Can a GC card holder work in foreign countries without risk?

Old May 22nd 2001, 11:04 am
  #1  
Ocarina
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Hello All, I'm a permanent resident, and currently work at a US-based multinational
company in US. Now, the management wants me to work in a foreign country on a
project that will last more than 3 years. If I take this opportunity and work at an
overseas office of this company, won't it risk my GC status? What consequences are
expected? Also, I think it will affect my eligibility for US citizenship later, too.
Can anyone give me any information on this? Any response will be appreciated. Thank
you. -Ocarina
 
Old May 27th 2001, 1:38 am
  #2  
Ed MacNeil
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Hi Ocarina,

THIS SHOULD NOT BE CONSTRUED TO BE LEGAL ADVICE. I AM NOT A LAWYER. I DON'T EVEN PLAY
ONE ON TV!

Here is the general rule for retention of permanent residence. Please understand that
the physical presence requirements are a bit different for naturalization.

1. For absences of up to six months the INS must prove that you intended to abandon
your US residence. Since this is very hard to do, don't expect them to even try.

2. For absences of six months to one year you must be able to show that you did not
intend to abandon US permanent residence. Such factors as retention of a US
mailing address, funds in US banks, ownership of property in the US and presence
of close relatives are all factors relating to intent.

3. Absences of over one year result in loss of permanent residence unless a reentry
permit is obtained in advance of travel. In this case an absence of up to two
years is permitted.

4. Once permanent residence is lost an alien may apply for a returning resident
visa. It will be necessary to convince a Consular Officer that the alien did not
intend to abandon US permanent residence to obtain this visa.

There are a few exceptions to these rules under very limited circumstances.

It would appear that if you take this assignment you will have to be very careful to
protect your permanent residence. Further, this may significantly delay your
eligibility to be naturalized.

Ed MacNeil Ancient Aviator North Hampton, NH, USA

Ocarina wrote:

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