Green card and moving from the US - what happens?
Dec 12th 2003, 7:42 am
#16
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Joined: Oct 2002
Posts: 1,228
Re: Green card and moving from the US - what happens?
Originally posted by kariml
I tend to use the words green card and permanent residency interchangeably, thanks for pointing that out - something I need to get out of the habit of doing.
Looks like it will be complicated no matter what - so many "what ifs?"
I tend to use the words green card and permanent residency interchangeably, thanks for pointing that out - something I need to get out of the habit of doing.
Looks like it will be complicated no matter what - so many "what ifs?"
[I know this is a simplification, and you can have two homes of course.]
Dec 12th 2003, 8:24 am
#17
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Joined: Sep 2002
Posts: 16,266
Re: Green card and moving from the US - what happens?
Originally posted by DCMark
It may be complicated but its simple too. If you (or I) move to Europe to make our permanent life there, then our spouse (assuming they are with us) is no longer a permanent resident of the US. There may be some legal wrangling to hold onto the GC but in the spirit of the entire concept of PR, it has been adandoned. You cannot live in two places at once.
[I know this is a simplification, and you can have two homes of course.]
It may be complicated but its simple too. If you (or I) move to Europe to make our permanent life there, then our spouse (assuming they are with us) is no longer a permanent resident of the US. There may be some legal wrangling to hold onto the GC but in the spirit of the entire concept of PR, it has been adandoned. You cannot live in two places at once.
[I know this is a simplification, and you can have two homes of course.]
I have an abandonment case going right now -- client's grandparents were naturalized US citizens living in the US. Starting as small child, client came to the US repeatedly every summer to spend 2 months with grandparents. Usually on a tourist visa. When she turned 18, got an F-1 student, did her OPT and then H-1b.
On last entry, she was sent to secondary and POE inspectors did a very detailed Q&A in order to extract a confession that her TRUE intention was, and always was, to live in the US as long as she possibly could.
They cancel the H-1b, get ready to do expedited removal without hearing -- and then they go to finish up everthing by making the appropriate computer entries -- and up pops -- the green card she obtained when she was 4 years old!
I think I stand a good chance of winning this one. She had no intention of abandoning her green card -- she never knew she had it in the first place! And the law is well established that the acutally documentation doesn't count -- its action and intent that determine the issue. And burden of proof to show abandonment is on the Feds.
Dec 12th 2003, 8:45 am
#18
Guest
Posts: n/a
Re: Green card and moving from the US - what happens?
"Folinskyinla" <member4043@british_expats.com> wrote:
> They cancel the H-1b, get ready to do expedited removal without hearing
> -- and then they go to finish up everthing by making the appropriate
> computer entries -- and up pops -- the green card she obtained when she
> was 4 years old!
> I think I stand a good chance of winning this one. She had no intention
> of abandoning her green card -- she never knew she had it in the first
> place! And the law is well established that the acutally documentation
> doesn't count -- its action and intent that determine the issue. And
> burden of proof to show abandonment is on the Feds.
Interesting; couldn't the use of a non-immigrant visa be considered de-facto
abandonment?
Andy.
--
I'm not really here, it's just your warped imagination
> They cancel the H-1b, get ready to do expedited removal without hearing
> -- and then they go to finish up everthing by making the appropriate
> computer entries -- and up pops -- the green card she obtained when she
> was 4 years old!
> I think I stand a good chance of winning this one. She had no intention
> of abandoning her green card -- she never knew she had it in the first
> place! And the law is well established that the acutally documentation
> doesn't count -- its action and intent that determine the issue. And
> burden of proof to show abandonment is on the Feds.
Interesting; couldn't the use of a non-immigrant visa be considered de-facto
abandonment?
Andy.
--
I'm not really here, it's just your warped imagination
Dec 12th 2003, 9:05 am
#19
Joined: Apr 2002
Posts: 35,082
Re: Green card and moving from the US - what happens?
Originally posted by Folinskyinla
client came to the US repeatedly every summer to spend 2 months with grandparents. Usually on a tourist visa. When she turned 18, got an F-1 student, did her OPT and then H-1b.
-snip-
They cancel the H-1b, get ready to do expedited removal without hearing -- and then they go to finish up everthing by making the appropriate computer entries -- and up pops -- the green card she obtained when she was 4 years old!
client came to the US repeatedly every summer to spend 2 months with grandparents. Usually on a tourist visa. When she turned 18, got an F-1 student, did her OPT and then H-1b.
-snip-
They cancel the H-1b, get ready to do expedited removal without hearing -- and then they go to finish up everthing by making the appropriate computer entries -- and up pops -- the green card she obtained when she was 4 years old!
Dec 14th 2003, 11:16 pm
#20
Guest
Posts: n/a
Re: Green card and moving from the US - what happens?
"DCMark" <member6276@british_expats.com> wrote:
> It may be complicated but its simple too. If you (or I) move to Europe
> to make our permanent life there, then our spouse (assuming they are
> with us) is no longer a permanent resident of the US. There may be
> some legal wrangling to hold onto the GC but in the spirit of the
> entire concept of PR, it has been adandoned. You cannot live in two
> places at once.
Of course, just to complicate matters
, under some circumstances, if the
US citizen spouse is going to move abroad, their PR spouse becomes eligible
for expedited naturalization ahead of the usual three years.
Andy.
--
I'm not really here, it's just your warped imagination
> It may be complicated but its simple too. If you (or I) move to Europe
> to make our permanent life there, then our spouse (assuming they are
> with us) is no longer a permanent resident of the US. There may be
> some legal wrangling to hold onto the GC but in the spirit of the
> entire concept of PR, it has been adandoned. You cannot live in two
> places at once.
Of course, just to complicate matters
, under some circumstances, if theUS citizen spouse is going to move abroad, their PR spouse becomes eligible
for expedited naturalization ahead of the usual three years.
Andy.
--
I'm not really here, it's just your warped imagination
