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green card holder staying outside US

green card holder staying outside US

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Old Jun 24th 2002, 1:20 am
  #1  
Supernet
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Default green card holder staying outside US

Dear experts,

I'm US permenant resident and would like to find a job in my home country because
it's difficult for me to find a good job here. If I can find a job in US company in
my home country, do I have to come back every year for 183-day rule? After 5 years,
can I apply for US citizenship?

Thank you, Yoshi
 
Old Jun 24th 2002, 2:20 am
  #2  
Joachim Feise
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Posts: n/a
Default Re: green card holder staying outside US

supernet wrote:
    > Dear experts,
    >
    > I'm US permenant resident and would like to find a job in my home country because
    > it's difficult for me to find a good job here. If I can find a job in US company in
    > my home country, do I have to come back every year for 183-day rule? After 5 years,
    > can I apply for US citizenship?

You risk losing your GC. And there is no 183-day rule. Contrary to popular myth, it
is not enough to show up in the US once in a while. You actually have to keep your
residence in the US at all times. If you abandoned your residence, you lose the GC
immediately. You can *temporarily* stay abroad for up to 1 year. For a good
explanation see http://www.americanlaw.com/maintlpr.html and
http://www.imminfo.com/knowledgebase...bandonment.htm

-Joe
 
Old Jun 24th 2002, 8:20 pm
  #3  
Joachim Feise
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Default Re: green card holder staying outside US

On 24 Jun 2002, Chip Campbell wrote:>
    > "Joachim Feise" <[email protected]> wrote in message
    > news:[email protected]...
    > > supernet wrote:
    > > > Dear experts,
    > > >
    > > > I'm US permenant resident and would like to find a job in my home
    > country
    > > > because it's difficult for me to find a good job here. If I can find a
    > job
    > > > in US company in my home country, do I have to come back every year for 183-day
    > > > rule? After 5 years, can I apply for US citizenship?
    > >
    > > You risk losing your GC. And there is no 183-day rule. Contrary to popular myth,
    > > it is not enough to show up in the US once in a
    > while.
    > > You actually have to keep your residence in the US at all times. If you abandoned
    > > your residence, you lose the GC immediately. You can *temporarily* stay abroad
    > > for up to 1 year. For a good explanation see
    > > http://www.americanlaw.com/maintlpr.html and
    > > http://www.imminfo.com/knowledgebase...bandonment.htm
    > >
    > > -Joe
    >
    > See also http://www.immihelp.com/gc/reentry.html which has a similar discussion and
    > the I-131 form (application for re-entry permit) in pdf format.
    >
    > I understand that even if your PR status is preserved, time spent abroad, even with
    > advance permission and for the best of reasons, does NOT count towards the 5-year
    > citizenship eligibility. You need to count the days you spend abroad and make them
    > up after your return.

Well, that depends. There are two issues for citizenship eligibility: continuous
residence and physical presence. Continuous residence means that you can't be abroad
for more than 6 months apiece. Stays abroad over 6 months usually break the
continuous residence requirement, and the 5 years start over. Physical presence means
that out of the 5 years, you have to be physically present in the US for at least 30
months. The details are explained in the INS Guide to Naturalization, available on
the INS website.

-Joe
 
Old Jun 24th 2002, 8:20 pm
  #4  
Chip Campbell
Guest
 
Posts: n/a
Default Re: green card holder staying outside US

"Joachim Feise" <[email protected]> wrote in message
news:[email protected]...
    > supernet wrote:
    > > Dear experts,
    > >
    > > I'm US permenant resident and would like to find a job in my home
country
    > > because it's difficult for me to find a good job here. If I can find a
job
    > > in US company in my home country, do I have to come back every year for 183-day
    > > rule? After 5 years, can I apply for US citizenship?
    >
    > You risk losing your GC. And there is no 183-day rule. Contrary to popular myth, it
    > is not enough to show up in the US once in a
while.
    > You actually have to keep your residence in the US at all times. If you abandoned
    > your residence, you lose the GC immediately. You can *temporarily* stay abroad for
    > up to 1 year. For a good explanation see http://www.americanlaw.com/maintlpr.html
    > and http://www.imminfo.com/knowledgebase...bandonment.htm
    >
    > -Joe

See also http://www.immihelp.com/gc/reentry.html which has a similar discussion and
the I-131 form (application for re-entry permit) in pdf format.

I understand that even if your PR status is preserved, time spent abroad, even with
advance permission and for the best of reasons, does NOT count towards the 5-year
citizenship eligibility. You need to count the days you spend abroad and make them up
after your return.

Chip C San Francisco, Calif.
 
Old Jun 25th 2002, 8:20 am
  #5  
Supernet
Guest
 
Posts: n/a
Default Re: green card holder staying outside US

Thanks for answering my question. But I was told that if I work for a US company
aboard, that counts. Any comments?

Thanks again. Yoshi

"Joachim Feise" <[email protected]> wrote in message
news:Pine.LNX.4.43L0.0206241215260.1...reshsg.uci.edu...
    > On 24 Jun 2002, Chip Campbell wrote:>
    > > "Joachim Feise" <[email protected]> wrote in message
    > > news:[email protected]...
    > > > supernet wrote:
    > > > > Dear experts,
    > > > >
    > > > > I'm US permenant resident and would like to find a job in my home
    > > country
    > > > > because it's difficult for me to find a good job here. If I can find
a
    > > job
    > > > > in US company in my home country, do I have to come back every year
for
    > > > > 183-day rule? After 5 years, can I apply for US citizenship?
    > > >
    > > > You risk losing your GC. And there is no 183-day rule. Contrary to popular
    > > > myth, it is not enough to show up in the US once
in a
    > > while.
    > > > You actually have to keep your residence in the US at all times. If you
    > > > abandoned your residence, you lose the GC immediately. You can *temporarily*
    > > > stay abroad for up to 1 year. For a good explanation see
    > > > http://www.americanlaw.com/maintlpr.html
and
    > > > http://www.imminfo.com/knowledgebase...bandonment.htm
    > > >
    > > > -Joe
    > >
    > > See also http://www.immihelp.com/gc/reentry.html which has a similar discussion
    > > and the I-131 form (application for re-entry permit) in pdf format.
    > >
    > > I understand that even if your PR status is preserved, time spent
abroad,
    > > even with advance permission and for the best of reasons, does NOT count towards
    > > the 5-year citizenship eligibility. You need to count the days
you
    > > spend abroad and make them up after your return.
    >
    > Well, that depends. There are two issues for citizenship eligibility: continuous
    > residence and physical presence. Continuous residence means that you can't be
    > abroad for more than 6 months apiece. Stays abroad over 6 months usually break the
    > continuous residence requirement, and the 5 years start over. Physical presence
    > means that out of the 5 years, you have to be physically present in the US for at
    > least 30 months. The details are explained in the INS Guide to Naturalization,
    > available on the INS website.
    >
    > -Joe
 
Old Jun 25th 2002, 12:20 pm
  #6  
Joachim Feise
Guest
 
Posts: n/a
Default Re: green card holder staying outside US

supernet wrote:
    > Thanks for answering my question. But I was told that if I work for a US company
    > aboard, that counts. Any comments?

Unless you work for a church or the US government, or NATO, no. See <http://www.ins.-
gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-21/slb-456?f=templates&fn=document-frame.h-
tm#slb-act101a27a> There also is a provision to maintain "continous residence" for
naturalization purposes if working abroad for the US government, or under contract
for the government, or in a research institution, or for an American company "engaged
in whole or in part in the development of foreign trade and commerce". See <http://w-
ww.ins.usdoj.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-21/slb-8313?f=templates&fn=do-
cument-frame.htm#slb-act316a> But this is only for naturalization purposes, and is
independent of maintaining the residency requirement for the Greencard. If you plan
anything like what you said, you definitely should talk to an immigration lawyer
before you actually embark on it.

-Joe
 
Old Jun 25th 2002, 2:20 pm
  #7  
Liwen Liang
Guest
 
Posts: n/a
Default Re: green card holder staying outside US

Check out INS' web site for the eligibility, http://www.ins.gov, I believe not every
US comapny qualifies.

"supernet" <[email protected]> wrote in message
news:<3HSR8.302682$352.30603@sccrnsc02>...
    > Thanks for answering my question. But I was told that if I work for a US company
    > aboard, that counts. Any comments?
    >
    > Thanks again. Yoshi
    >
    > "Joachim Feise" <[email protected]> wrote in message
    > news:Pine.LNX.4.43L0.0206241215260.1...reshsg.uci.edu...
    > > On 24 Jun 2002, Chip Campbell wrote:>
    > > > "Joachim Feise" <[email protected]> wrote in message
    > > > news:[email protected]...
    > > > > supernet wrote:
    > > > > > Dear experts,
    > > > > >
    > > > > > I'm US permenant resident and would like to find a job in my home
    > country
    > > > > > because it's difficult for me to find a good job here. If I can find
    > a job
    > > > > > in US company in my home country, do I have to come back every year
    > for
    > > > > > 183-day rule? After 5 years, can I apply for US citizenship?
    > > > >
    > > > > You risk losing your GC. And there is no 183-day rule. Contrary to popular
    > > > > myth, it is not enough to show up in the US once
    > in a while.
    > > > > You actually have to keep your residence in the US at all times. If you
    > > > > abandoned your residence, you lose the GC immediately. You can *temporarily*
    > > > > stay abroad for up to 1 year. For a good explanation see
    > > > > http://www.americanlaw.com/maintlpr.html
    > and
    > > > > http://www.imminfo.com/knowledgebase...bandonment.htm
    > > > >
    > > > > -Joe
    > > >
    > > > See also http://www.immihelp.com/gc/reentry.html which has a similar discussion
    > > > and the I-131 form (application for re-entry permit) in pdf format.
    > > >
    > > > I understand that even if your PR status is preserved, time spent
    > abroad,
    > > > even with advance permission and for the best of reasons, does NOT count
    > > > towards the 5-year citizenship eligibility. You need to count the days
    > you
    > > > spend abroad and make them up after your return.
    > >
    > > Well, that depends. There are two issues for citizenship eligibility: continuous
    > > residence and physical presence. Continuous residence means that you can't be
    > > abroad for more than 6 months apiece. Stays abroad over 6 months usually break
    > > the continuous residence requirement, and the 5 years start over. Physical
    > > presence means that out of the 5 years, you have to be physically present in the
    > > US for at least 30 months. The details are explained in the INS Guide to
    > > Naturalization, available on the INS website.
    > >
    > > -Joe
 

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