Permanent resident status

Old Apr 16th 2001, 8:47 am
  #1  
Areg
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Does anyone know how many days per year one must stay (be physically present ) in US
to keep his/her LPR (legal permanent resident) status?

What are the other requirements?

Thanks a ton, Areg
 
Old Apr 16th 2001, 11:28 am
  #2  
Joachim Feise
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Areg wrote:
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You have to have your residence in the US. The moment you move to a residence outside
the US, you legally loose your GC. That's why it is called *permanent* residence. If
you stay outside the US for less than 180 days, you will not have any problems. If
you stay outside the US for less than 1 year, you may have to show that you have not
abandoned your residence in the US. Having real estate, bank accounts, etc. helps to
show that. If you stay outside the US for over 1 year, you loose your GC, unless you
have obtained a re-entry permit *before* you left. If you have lost the GC, you can
apply for a "returning resident" visa at a US consulate abroad, but you need a good
explanation.

-Joe
 
Old Apr 16th 2001, 4:42 pm
  #3  
Gary L. Dare
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Or to try and simplify it for those hard of understanding ...

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a. You MUST:

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b. From your American home, you can take trips outside ...

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--
Gary L. Dare [email protected]

Ripco, Chicago's Oldest Online Information Service
 
Old Apr 17th 2001, 5:00 am
  #4  
Frank A
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I am confused. I have heard of many people that get their GC and for 5 or more year
come to the use for a month or so to file their taxes and leave to their home
country. Once they are eligible for citizens they file for it and receive it? I have
not heard of anyone have problems. According to what is written below shouldn't they
get into trouble?

Frank

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[usenetquote2]> > Does anyone know how many days per year one must stay (be physically present ) in[/usenetquote2]
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Old Apr 17th 2001, 5:01 am
  #5  
Alistair Bell
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On Tue, 17 Apr 2001 16:56:16 -0400, Frank A is alleged to have said:
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Yes, absolutely they should. However, they often manage to fool the system.

Alistair

I am not a lawyer, and anything I say is worth exactly what you paid for it
(i.e. nothing!) For reliable advice, always consult a good immigration lawyer.
 
Old Apr 18th 2001, 4:17 am
  #6  
Javier Henderson
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[usenetquote2]> > Does anyone know how many days per year one must stay (be physically present ) in[/usenetquote2]
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I was under the impression that working for a US corporation overseas doesn't
make you lose your permanent resident status even if you stay out of the USA
for longer than 180 days.

Is this not still the case?

-jav
 
Old Apr 18th 2001, 5:46 pm
  #7  
Gary L. Dare
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Re: Javier Henderson

I did know one couple in NYC with GC's who were posted abroad in the early 90's but
they maintained their West Side townhouse in which their children lived while going
to Columbia and NYU. They returned home frequently (NYC was considered home both
personally as well as legally). But it should be noted that this was before IIRIRA
came into law in 1996 and they returned to NYC permanently that spring after five
years at their company's office abroad. They're now retired in Key West, FL.

--
Gary L. Dare [email protected]

Ripco, Chicago's Oldest Online Information Service
 
Old Apr 22nd 2001, 2:46 pm
  #8  
Ingo
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They wouldn't even be eligibile for citizenship in this case! In order to apply for
citizenship, you must have been physically in the US for at least half the time for
the preceeding five years (three for spouses of US citizens). Also, absences of one
year or more always break the physical presence.

Of course people can lie on citizenship applications, but that is not a good idea. If
INS ever finds out, they'd be stripped of the US citizenship for immigration fraud,
deported and banned from the US for life. And if their original country does not
recognize dual citizenship, they may find themselves homeless aliens, doomed to a
life of the flying dutchman.

By the way, you don't have to be in the US to file taxes.

There are exceptions to the rule above: certain people who are physically outside the
country are still counted as being in the US (that applies to people in the
military), and spouses of certain Americans abroad (e.g., diplomats and certain
workers for US companies) qualify for citizenship immediately, without even waiting
the usual three years.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee) http://www2.apex.net/users/thehydes
http://www.formshome.com http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
 

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