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Green Card holder returning to the US after working abroad

Green Card holder returning to the US after working abroad

Old Jan 31st 2001, 3:42 pm
  #1  
Helenpooey
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Hi:

I have a Green Card and am also a Canadian citizen. I may go back to Canada to work for a
couple of years (probably more than one year) and then intend on returning to the USA
permantely. Does anyone know if there are limitations on how long you can leave the US
without having problems when re-entering the USA?

Thanks
 
Old Feb 1st 2001, 3:20 am
  #2  
legalalien99
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You can be absent for up to ONE year without jeopardizing your status as legal permanent
resident in the U.S. If you plan to stay out of the States for MORE than one year, you
need a "Reentry Permit" to return to the U.S. as a legal permanent resident. You will have
to fill out form I-131, application for Travel Document, which you can download from the
INS website. The filing fee is $90. With such a document, you can stay out of the U.S. for
up to TWO years without loosing your legal resident status in the U.S. Best, Nico

I AM NOT A LAWYER
 
Old Feb 1st 2001, 8:47 am
  #3  
Ed MacNeil
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Hi,

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

The answer you got from the Legal Alien is entirely correct, but there are additional
factors you should be aware of if naturalization is important you.

While obtaining a reentry permit will preserve your permanent residence for up to two
years, after being outside the US for one year, your period of residence for
naturalization purposes will expire and when you return you will start all over at the one
year point.

You can avoid this by making a couple of brief visits back to the US so that you do not
have a continuous period of absence for one year or more. Be sure to keep records of the
dates you cross the border as you will need them.

There is one other issue involving naturalization for you to consider. The regulations
require that half of the required period of residence involve physical presence in the US.
For example, if you fall under the five year requirement, for a total 30 months you must
be physically present in the US. This 50% requirement must be maintained until you are
sworn in as a citizen.

You should also be aware that both Canada and the US recognize the principle of dual
(multiple) citizenship. Thus, you will not lose your Canadian citizenship by naturalizing
in the US. See the web site of resident guru of dual citizenship, Rich Wales at
<http://www.webcom.com/richw/dualcit/> for more on the subject.

Ed MacNeil Ancient Aviator North Hampton, NH, USA

Helenpooey wrote:

> Hi:
>
> I have a Green Card and am also a Canadian citizen. I may go back to Canada to work for
> a couple of years (probably more than one year) and then intend on returning to the USA
> permantely. Does anyone know if there are limitations on how long you can leave the US
> without having problems when re-entering the USA?
>
> Thanks
 

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