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Green card holder sent overseas by US company

Green card holder sent overseas by US company

Old Jul 15th 2001, 11:57 am
  #1  
Sarah
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I have a green card through marriage -- and have had it 1.5 years. My US company
wants to send me overseas to work. My husband will also be working overseas for the
same US company as he works for here. Since it is a US company, will my time abroad
count towards obtaining a US passport? Also, does it matter whether it is my husband
or myself that is transferred by the US company?

Any thoughts on this would help a great deal!

Thanks,

Sarah
 
Old Jul 16th 2001, 1:12 am
  #2  
Andrew M. Wilson
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Dear Sarah,

If you are a green card holder and you are being transferred abroad for work, you
should look into obtaining a reentry permit. If you plan to go abroad for several
months, you will need a reentry permit in order to maintain your green card status.

Also, if you plan to obtain your U.S. citizenship, make sure your absence abroad for
work will not conflict with the residency requirements for naturalization.

Regards,

Andrew M. Wilson, Esq. [email protected]

"Sarah" <[email protected]>
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Old Jul 16th 2001, 2:32 pm
  #3  
Sarah
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Thanks Andrew! I am being sent abroad for work indefinitely and so is my husband. Do
I still need to get a re-entry permit? Also, do you know anything about the specifics
of residency requirements for citizenship if one is married to an American sent
abroad by a US company? The INS literature discusses this -- and it looks like we
have to be sent to work abroad for a year or more... but this seems too good to be
true. Any thoughts?

Andrew M. Wilson <[email protected]>
[usenetquote2]> > I have a green card through marriage -- and have had it 1.5 years. My US company[/usenetquote2]
[usenetquote2]> > wants to send me overseas to work. My husband will also be[/usenetquote2]
working
[usenetquote2]> > overseas for the same US company as he works for here. Since it is a US company,[/usenetquote2]
[usenetquote2]> > will my time abroad count towards obtaining a US passport?[/usenetquote2]
Also,
[usenetquote2]> > does it matter whether it is my husband or myself that is transferred by[/usenetquote2]
the
[usenetquote2]> > US company?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Any thoughts on this would help a great deal![/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Thanks,[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Sarah[/usenetquote2]
 
Old Jul 17th 2001, 1:25 am
  #4  
Andrew M. Wilson
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Sarah,

Generally, if you plan to be abroad for more than six months, and defintely if more
than one year, you need to apply for a reentry permit.

You must apply in the United States before departure, but you do not need to wait
for a decision before you leave. (You can pick it up at an overseas consulate or
INS office)

How long have you been married? If 3 years or more, and if you are interested, then
you may be able to apply for citizenship now.

If you are not interested in naturalization, and some people are not, then living
abroad is not an issue except for obtaining your reentry permit.

If you would like to naturalize, please make sure you review the residency
requirements in order to qualify for naturalization. There are many rules and
exceptions, so look at them closely. Please also look at the exception for certain
employees working abroad who obtain approval to preserve their residency, filed on
for N-470.

It is difficult to outline everything, but these are some of the issues you
should address.

Regards,

Andrew M. Wilson [email protected]

"Sarah" <[email protected]>
[usenetquote2]> > > I have a green card through marriage -- and have had it 1.5 years. My US[/usenetquote2]
[usenetquote2]> > > company wants to send me overseas to work. My husband will also be[/usenetquote2]
    >
[usenetquote2]> > > overseas for the same US company as he works for here. Since it is a US[/usenetquote2]
[usenetquote2]> > > company, will my time abroad count towards obtaining a US passport?[/usenetquote2]
    >
[usenetquote2]> > > does it matter whether it is my husband or myself that is transferred by[/usenetquote2]
    >
[usenetquote2]> > > US company?[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Any thoughts on this would help a great deal![/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Thanks,[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Sarah[/usenetquote2]
 
Old Jul 17th 2001, 3:29 am
  #5  
Ed MacNeil
Guest
 
Posts: n/a
Default

Hi Sarah,

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

A portion of Section 316 of the Immigration and Nationalities Act is quoted below.

"Sec. 319. [8 U.S.C. 1430]

(a) Any person whose spouse is a citizen of the United States may be naturalized upon
compliance with all the requirements of this title except the provisions of
paragraph (1) of section 316(a) if such person immediately preceding the date of
filing his application for naturalization has resided continuously, after being
lawfully admitted for permanent residence, within the United States for at least
three years, and during the three years immediately preceding the date of filing
his application has been living in marital union with the citizen spouse, who has
been a United

States citizen during all of such period, and has been physically present in the
United States for periods totaling at least half of that time and has resided within
the application for at least three months.

(b) Any person,

(1) whose spouse is
(A) a citizen of the United States,

(B) in the employment of the Government of the United States, or of an American

institution of research recognized as such by the Attorney General, or of an American
firm or corporation engaged in whole or in part in the development of public
international organization in which the United States participates by treaty or
statute, or is authorized to perform the ministerial or priestly functions of a

religious denomination having a bona fide organization within the United States, or
is engaged solely as a missionary by a religious denomination or by an
interdenominational mission organization having a bona fide organization within

the United States, and

(C) regularly stationed abroad in such employment, and
(2) who is in the United States at the time of naturalization, and

(3) who declares before the Attorney General in good faith an intention to take up
residence within the United States immediately upon the termination of such
employment abroad of the citizen spouse, may be naturalized upon compliance with
all the requirements of the naturalization laws, except that no prior residence
or specified period of physical presence within the United States or within a
State or a district of the Service in the United States or proof thereof shall
be required.

(c) Any person who

(1) is employed by a bona fide United States incorporated nonprofit organization
which is principally engaged in conducting abroad through communications media
the dissemination of information which significantly promotes United States
interests abroad and which is recognized as such by the Attorney General, and

(2) has been so employed continuously for a period of not less than five years after
a lawful admission for permanent residence, and

(3) who files his application for naturalization while so employed or within six
months following the termination thereof, and

(4) who is in the United States at the time of naturalization, and

(5) who declares before the Attorney General in good faith an intention to take up
residence within the United States immediately upon termination of such
employment, may be naturalized upon compliance with all the requirements of this
title except that no prior residence or specified period of physical presence
within the United States or any State or district of the Service in the United
States, or proof thereof, shall be required."

I therefore believe that, depending on the nature of your work overseas, you may be
eligible for naturalization without regard to your period of residence in the US.
Naturalization now would certainly simplify your immigration situation.

I'd suggest you engage a well qualified immigration attorney to examine the requisite
circumstances and assist you in making an application for naturalization if
appropriate.

Ed MacNeil Ancient Aviator North Hampton, NH, USA

Sarah wrote:

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[usenetquote2]> > > I have a green card through marriage -- and have had it 1.5 years. My US[/usenetquote2]
[usenetquote2]> > > company wants to send me overseas to work. My husband will also be[/usenetquote2]
    >
[usenetquote2]> > > overseas for the same US company as he works for here. Since it is a US[/usenetquote2]
[usenetquote2]> > > company, will my time abroad count towards obtaining a US passport?[/usenetquote2]
    >
[usenetquote2]> > > does it matter whether it is my husband or myself that is transferred by[/usenetquote2]
    >
[usenetquote2]> > > US company?[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Any thoughts on this would help a great deal![/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Thanks,[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Sarah[/usenetquote2]
 

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