Folinskyinla

Hi:

I'm not going to say what Bob means. However, the area is so complicated it is not suitable to short forum answers. That is all.

Bob

errr....thought it was pretty obvious there....this ain't something you'd want to pin down through a forum without seeing someone experienced and qualified so you can go through all your details and see if there's anything you might not have mentioned...

Not an everyday question that appears on a forum.

ukintexas

I had asked what you'd meant Bob as I too would have presumed it was "pretty obvious" that I wouldn't rely on this forum to aid in the definitive decision on what we should do with such a complex issue. I had posted in the hope I might come across some expats that had gone through the process of splitting time between the US and another Country whilst maintaining their LPR status appropriately. As it turned out, no one with that experience came forward and I therefore took the input that did come forward and sent additional questions or commentary appropriately. Forgive me Bob, as I am sure you did not mean to be condescending in your response, but it did come across a little that way. I love this forum and often turn to it for all sorts of advice and input from my fellow expat community. I did not see the fact that my question might not be "everyday" as being an issue in reaching out again. Again, thank you to all who have posted their input on this question. I will use the very valid points raised in my continued research and discussions with appropriate immigration counsel.

Folinskyinla

To OP:

This posting is an excellent example for need of professional advice from an expert in the area. [And many attorneys get it wrong too]. The legal advice you got already was not all the bad -- there is the re-entry permit and there are many gray areas.

Sometimes a little knowledge can be a dangerous thing. A I has done some research -- and several of his conclusions stated above happen to be wrong. Part of this is that Congress wanted to eliminate the "Fleuti" doctrine by elimination of the term "entry" by replacing it with "admission" and then placing an analogue of Fleuti in its place.

I don't intend to be cryptic here -- it is just that the issues are complicated and would require a longish essay to discuss in detail. This is a complicated area and pre-planning is a damn good idea.

A I

Don't mean to Hijack the thread, but I have to comment on this one. Impressive how Complicated...
Holy Cow, Folinskyinla and other posters too, this discussion, and my reading of it, has me appreciating big time why I am becoming a Citizen.

Little creative theft of benefits from the state + short trip = GONE... even before being convicted, since conviction for BCIS is different that conviction for everyone else...

http://caselaw.lp.findlaw.com/cgi-bi...se&no=061813v1

****
Back on topic, I don't think I was that far off, except for the one item I bold below.....

note, this seems to be the current section on wether you are subject to inspection or not as a returning Permanent Resident: (from http://www.law.cornell.edu/uscode/8/...1----000-.html)

Title 8(12)(I)1101(a)(13)(c)
**
An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien—
(i) has abandoned or relinquished that status, (ii) has been absent from the United States for a continuous period in excess of 180 days,
(iii) has engaged in illegal activity after having departed the United States,
(iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this chapter and extradition proceedings,
(v) has committed an offense identified in section 1182 (a)(2) of this title, unless since such offense the alien has been granted relief under section 1182 (h) or 1229b (a) of this title, or
(vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.
***
I guess the big one is #1 ? Define Abandon ?? The others seem of plain language, but #1, not so....

Bob

Well the thing is, it's just one of those situations where personal situation makes all the difference....doesn't matter that you might have a mate, or some one here might split their time and get away with it, it's the exact situation that allows for it, and your not going to get to know that nitty gritty without the lawyer knowing the full story.

I know a few people who spend as much time out of the US as they do in the US, one who doesn't have a clue of the consequences and another who is "pretty sure he's doing everything the legal way". Doesn't help you much though does it.

ukintexas

.

Bob

No, not really, just the way that it is and if you see it that way, so be it, no skin off my nose.

Best course of action, just suck it up and wait till you get US citizenship and then spend as much time aboard as you want...anything else risks lossing LPR status.