lucyb

We are in the process of trying to emigrate to OZ, but have come across a few snags.

I grew up in NJ, and was issued a Green Card at the age of 16. I moved back to UK aged 17 and have only been to the US a few times since, never using my Green Card on entry as I have since married and havd a different name. What I want to know is, if I was to move to the US instead, what would the situation be? Would I be able to reinstate my Green Card, and would my husband be able to get one as he is married to me...or would i have to start from scratch?

Many thanks for advice!

Lucy

JAJ

You would have to start from scratch. How easy or hard it will be to get a new Green Card is going to depend on circumstances - do you have close family in the US?


Jeremy

lucyb

None at all....well that's that, then!

AdobePinon

You have to 'maintain a presence' in the country to keep a green card. I think that means a minimum of one day every callendar year. Don't know if there's a fast-track way of reinstating a dead one.

scrubbedexpat099

Green Card means you have legal permanent residence in the US. Essentially if you move elsewhere you abandon it.

By the sound of it you have abandoned that status, but we have little in details as to when you left etc.

There are ways of retaining status, but a one day trip back a year is not amongst them.

There have been threads on this recently.

Manc

It's not called Permanent Resident for nothing.

AdobePinon

It's a bit of a grey area (for everyone other than our friend lucyb, that is). Here's what BCIS puts in writing:

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.

So returning once a year keeps you out of trouble on the second point. Does not necessarily help you with the first. Filing tax returns (preferably 1040, not 1040-NR) obviously helps fend off the first issue, but if they know that you've gone and got a job with a foreign employer outside the States then it's anyone's guess.