have green card - am living in the states - going travelling for a few months - q's
#1
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have green card - am living in the states - going travelling for a few months - q's
hey all
came over on a family based visa sep last year but am now planning on going to south east asia/indonesia for some time, mos def less than the six months that would require me to obtain a re-entry permit
my questions are to anyone who has experience with this;
i am not exactly sure how this works; should i use my passport when going from country to country whilst travelling and then return to the states and show my greencard, alongside my passport if necessary?
do i need to obtain any kind of other permits to re-enter the states?
would there be any reason for me to confess to owning a US greencard?
much obliged
dave
came over on a family based visa sep last year but am now planning on going to south east asia/indonesia for some time, mos def less than the six months that would require me to obtain a re-entry permit
my questions are to anyone who has experience with this;
i am not exactly sure how this works; should i use my passport when going from country to country whilst travelling and then return to the states and show my greencard, alongside my passport if necessary?
do i need to obtain any kind of other permits to re-enter the states?
would there be any reason for me to confess to owning a US greencard?
much obliged
dave
#2
Re: have green card - am living in the states - going travelling for a few months - q's
Originally Posted by d4vid
should i use my passport when going from country to country whilst travelling and then return to the states and show my greencard, alongside my passport if necessary?
#3
Re: have green card - am living in the states - going travelling for a few months - q's
Originally Posted by d4vid
i am not exactly sure how this works; should i use my passport when going from country to country whilst travelling and then return to the states and show my greencard, alongside my passport if necessary?
The law states that it is your intent that matters, i.e. you could conceivably lose your status the day you leave if it is your intent to become permanently resident outside the US.
You should ensure you maintain ties with the US (an address, bank account, file your taxes, etc.) and should consider a re-entry permit if you're going to be away for more than 6 months. The nature of your trip should be temporary so make sure you have a solid and consistent tale to tell -- preferably backed up with documentation -- should the need arise.
Also pay attention to the residency requirements for naturalization since you may inadvertently reset the clock.
#4
Re: have green card - am living in the states - going travelling for a few months - q's
HI..I have had to come in and out of the country with my Green Card. The longest I have been away has been 4 months.
The only thing I would worry about is that if you are out of America for more than a year they can take your Green Card away as they see it as abandonment of your status
The only thing I would worry about is that if you are out of America for more than a year they can take your Green Card away as they see it as abandonment of your status
#5
Re: have green card - am living in the states - going travelling for a few months - q's
Originally Posted by d4vid
would there be any reason for me to confess to owning a US greencard?
#6
Re: have green card - am living in the states - going travelling for a few months - q's
Originally Posted by d4vid
hey all
came over on a family based visa sep last year but am now planning on going to south east asia/indonesia for some time, mos def less than the six months that would require me to obtain a re-entry permit
came over on a family based visa sep last year but am now planning on going to south east asia/indonesia for some time, mos def less than the six months that would require me to obtain a re-entry permit
A re-entry permit is not required for an absense of less than one year. Many people confuse the 6 months rule which breaks your naturalization eligibility with the re-entry permit, or the concept of abandoning your US residency.
would there be any reason for me to confess to owning a US greencard?
Travel Permit Information:
http://www.uscis.gov/graphics/servic...ex.htm#Reentry
Re-Entry Permit
Lawful Permanent Residents (green card holders) use re-entry permits to re-enter the U.S. after travel of one year or more. For LPR’s returning to the U.S., re-entry permits are generally valid for two years from the date of issuance of the re-entry permit. The LPR should apply for this benefit before leaving the U.S.
If you'll be gone less than six months, it's all really a moot point, but you can always check the guidelines at uscis.gov regarding retaining your US residence & LPR status:
http://www.uscis.gov/graphics/howdoi/PermRes.htm
Now That You Are A Permanent Resident
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
-Move to another country intending to live there permanently.
-Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
-Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
-Fail to file income tax returns while living outside of the US for any period.
-Declare yourself a “nonimmigrant” on your tax returns.