Keeping GC with low physical presence
Feb 2nd 2001, 1:21 am
#1
Guest
Posts: n/a
Is it possible for someone to keep GC without problems with very little physical presence
in the US? For example, by visiting for X weeks every year (where X<<52).
I understand that over 1 year absence may cost some one his GC, but if this someone is
absent less than a year, but very close to a year every time, then would this be possible
without problems?
in the US? For example, by visiting for X weeks every year (where X<<52).
I understand that over 1 year absence may cost some one his GC, but if this someone is
absent less than a year, but very close to a year every time, then would this be possible
without problems?
Feb 2nd 2001, 3:26 pm
#2
Guest
Posts: n/a
Hi,
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.
Your post seemed to indicate that you would be primarily living abroad indefinitely. In
this case and if your brief returns to the States are between six months and one year,
eventually INS will probably challenge your intent to abandon residence in the US.
Further, this strategy will not do much for your ability to naturalize in the US.
Immigration law requires that half of the required period of residence (five years for
most people) must involve physical presence in the US.
Ed MacNeil Ancient Aviator North Hampton, NH, USA
[email protected] wrote:
> Is it possible for someone to keep GC without problems with very little physical
> presence in the US? For example, by visiting for X weeks every year (where X<<52).
>
> I understand that over 1 year absence may cost some one his GC, but if this someone is
> absent less than a year, but very close to a year every time, then would this be
> possible without problems?
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.
Your post seemed to indicate that you would be primarily living abroad indefinitely. In
this case and if your brief returns to the States are between six months and one year,
eventually INS will probably challenge your intent to abandon residence in the US.
Further, this strategy will not do much for your ability to naturalize in the US.
Immigration law requires that half of the required period of residence (five years for
most people) must involve physical presence in the US.
Ed MacNeil Ancient Aviator North Hampton, NH, USA
[email protected] wrote:
> Is it possible for someone to keep GC without problems with very little physical
> presence in the US? For example, by visiting for X weeks every year (where X<<52).
>
> I understand that over 1 year absence may cost some one his GC, but if this someone is
> absent less than a year, but very close to a year every time, then would this be
> possible without problems?
Feb 2nd 2001, 6:19 pm
#3
Guest
Posts: n/a
As I suspected, this is not a good idea. Note that this is not for me, but an
elderly relative.
Many thanks!
In article <[email protected]>,
> Hi,
>
> 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.
>
> Your post seemed to indicate that you would be primarily living abroad indefinitely. In
> this case and if your brief returns to the States
are
> between six months and one year, eventually INS will probably
challenge
> your intent to abandon residence in the US.
>
> Further, this strategy will not do much for your ability to naturalize
in
> the US. Immigration law requires that half of the required period of residence (five
> years for most people) must involve physical presence
in
> the US.
>
> Ed MacNeil Ancient Aviator North Hampton, NH, USA
elderly relative.
Many thanks!
In article <[email protected]>,
> Hi,
>
> 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.
>
> Your post seemed to indicate that you would be primarily living abroad indefinitely. In
> this case and if your brief returns to the States
are
> between six months and one year, eventually INS will probably
challenge
> your intent to abandon residence in the US.
>
> Further, this strategy will not do much for your ability to naturalize
in
> the US. Immigration law requires that half of the required period of residence (five
> years for most people) must involve physical presence
in
> the US.
>
> Ed MacNeil Ancient Aviator North Hampton, NH, USA
