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-   -   PR studying outside the US....experiences? (https://britishexpats.com/forum/usa-57/pr-studying-outside-us-experiences-650396/)

nicola9 Jan 20th 2010 7:38 am

PR studying outside the US....experiences?
 
Hey all

I was just wondering if anyone has any knowledge/experience of being a permanent resident and studying outside the US?

What I'm looking for I guess is if anyone has done this and whether it's proved to be an issue with regards to maintaining their residency requirements?

Thanks

Nicola :)

Elvira Jan 20th 2010 7:47 am

Re: PR studying outside the US....experiences?
 

Originally Posted by nicola9 (Post 8267039)
Hey all

I was just wondering if anyone has any knowledge/experience of being a permanent resident and studying outside the US?

What I'm looking for I guess is if anyone has done this and whether it's proved to be an issue with regards to maintaining their residency requirements?

Thanks

Nicola :)

One of our sons has been attending an non-US uni for the past 2 1/2 years without any problems, but he makes sure he gets back every 6 months at least (otherwise getting return permit would be advisable). Attending college is a legitimate reason for LPRs to be out of the US.

Noorah101 Jan 20th 2010 8:07 am

Re: PR studying outside the US....experiences?
 

Originally Posted by Elvira (Post 8267060)
One of our sons has been attending an non-US uni for the past 2 1/2 years without any problems, but he makes sure he gets back every 6 months at least (otherwise getting return permit would be advisable). Attending college is a legitimate reason for LPRs to be out of the US.

I agree with Elvira, and want to stress the importance of getting a Re-Entry permit (form I-131) if you plan to be outside the USA longer than 6 months at a time.

Rene

Jerseygirl Jan 20th 2010 8:12 am

Re: PR studying outside the US....experiences?
 

Originally Posted by Elvira (Post 8267060)
One of our sons has been attending an non-US uni for the past 2 1/2 years without any problems, but he makes sure he gets back every 6 months at least (otherwise getting return permit would be advisable). Attending college is a legitimate reason for LPRs to be out of the US.


Originally Posted by Noorah101 (Post 8267116)
I agree with Elvira, and want to stress the importance of getting a Re-Entry permit (form I-131) if you plan to be outside the USA longer than 6 months at a time.

Rene

I'm not too sure about that. My daughter attended uni in Canada and came home for a long weekend every month or two...plus spending Christmas and NY here and 3 months during the summer vacation. After about 3 years she was told by a US immigration officer it would be the last time she'd be allowed in without the proper documents...ie re-entry permit. He said it didn't make any difference that she was driving a US registered and insured car, had a US bank account and CC, had a US address, hadn't spent more than 2 months out of the US...he said she was an overseas student and should have applied for the re-entry permit.

I would recommend all overseas students have a re-entry permit.

nicola9 Jan 20th 2010 9:19 am

Re: PR studying outside the US....experiences?
 
Thank you for the replies very useful to know what others have been through regarding this situation.

It's all pie in the sky at the moment but I'm just trying to figure out if this would be an option for me.

So the re-entry permit would allow me to be away from the US for up to 2 years and I can only file for a re-entry permit once is that correct?

So how would that work for instance if I was studying a 3 year degree program?

Does that mean any time I come back to the US say on summer vacation would be taken into account? Or is it literally 2 years from the date you receive the permit and you must be back in the country?

:)

Noorah101 Jan 20th 2010 9:53 am

Re: PR studying outside the US....experiences?
 

Originally Posted by nicola9 (Post 8267342)
Thank you for the replies very useful to know what others have been through regarding this situation.

It's all pie in the sky at the moment but I'm just trying to figure out if this would be an option for me.

So the re-entry permit would allow me to be away from the US for up to 2 years and I can only file for a re-entry permit once is that correct?

So how would that work for instance if I was studying a 3 year degree program?

Does that mean any time I come back to the US say on summer vacation would be taken into account? Or is it literally 2 years from the date you receive the permit and you must be back in the country?

:)

The Re-Entry Permit is valid for 2 years, no matter how much you go back and forth. Before the permit expires, you can apply for a new one for another 2-year period.

You should still keep all your US ties going strong, though. Having the Re-Entry Permit in hand is not enough to say you haven't abandoned your US PR status. It just helps contribute to your overall intent not to abandon it. Keep your other ties going as well.

Rene

JAJ Jan 20th 2010 1:00 pm

Re: PR studying outside the US....experiences?
 

Originally Posted by Elvira (Post 8267060)
One of our sons has been attending an non-US uni for the past 2 1/2 years without any problems, but he makes sure he gets back every 6 months at least (otherwise getting return permit would be advisable). Attending college is a legitimate reason for LPRs to be out of the US.

Getting a return permit is normally advisable anyway.

And even if you can keep GC status, it may impact eligibility for US citizenship. I'd usually ask the question why not study in the USA?

Bob Jan 20th 2010 3:16 pm

Re: PR studying outside the US....experiences?
 

Originally Posted by JAJ (Post 8267976)
I'd usually ask the question why not study in the USA?

cost?

Jerseygirl Jan 20th 2010 3:26 pm

Re: PR studying outside the US....experiences?
 

Originally Posted by Bob (Post 8268266)
cost?

It may look less on the surface but at the end of the day there's little difference.

Bob Jan 20th 2010 3:33 pm

Re: PR studying outside the US....experiences?
 

Originally Posted by Jerseygirl (Post 8268288)
It may look less on the surface but at the end of the day there's little difference.

true, but depends if you've got family there for digs etc....and also if ultimately if you wanted to move back for work it would be worth getting degree there.

nicola9 Jan 21st 2010 12:46 pm

Re: PR studying outside the US....experiences?
 

Originally Posted by Bob (Post 8268296)
true, but depends if you've got family there for digs etc....and also if ultimately if you wanted to move back for work it would be worth getting degree there.

It is more to do with the family thing really and being able to save on costs on housing etc.

All your replies have been really useful, I just have to think long and hard about whether it is something I want to pursue. The way the economy is at the moment I've struggled to find any kind of decent work and I'm wondering if studying is a productive way of riding out this downturn as well as being in a better position afterwards (in theory).

I have one other question if I can throw this out there.....Could I file an I-130 for my spouse before applying for the reentry permit so that in the meantime of me studying abroad, the long long process of getting him here was already underway? I don't know if I'm just clutching at straws with that one! :unsure:

Noorah101 Jan 21st 2010 12:57 pm

Re: PR studying outside the US....experiences?
 

Originally Posted by nicola9 (Post 8271263)
I have one other question if I can throw this out there.....Could I file an I-130 for my spouse before applying for the reentry permit so that in the meantime of me studying abroad, the long long process of getting him here was already underway?

Yes, you can file the I-130 now.

Be aware, though, that your time outside the USA will delay your ability to become a USC.

Rene

Jerseygirl Jan 21st 2010 1:21 pm

Re: PR studying outside the US....experiences?
 

Originally Posted by Noorah101 (Post 8271289)
Yes, you can file the I-130 now.

Be aware, though, that your time outside the USA will delay your ability to become a USC.

Rene

Good point...my daughter ran into that problem. We realised that the 50/50 time in and out of the US was fast approaching.

nicola9 Jan 21st 2010 2:57 pm

Re: PR studying outside the US....experiences?
 

Originally Posted by Noorah101 (Post 8271289)
Yes, you can file the I-130 now.

Be aware, though, that your time outside the USA will delay your ability to become a USC.

Rene

Thanks Rene, I really appreciate your sharing of knowledge and advice! One reason I'm so hesitant is I'm conscious of the fact that any time spent outside the US will be taken into account should I wish to become a USC.

Oh well looks like there's some big decisions to be made very soon! :thumbsup:

Jerseygirl Jan 21st 2010 3:00 pm

Re: PR studying outside the US....experiences?
 

Originally Posted by nicola9 (Post 8271503)
Thanks Rene, I really appreciate your sharing of knowledge and advice! One reason I'm so hesitant is I'm conscious of the fact that any time spent outside the US will be taken into account should I wish to become a USC.

Oh well looks like there's some big decisions to be made very soon! :thumbsup:

How long have you had a GC?

nicola9 Jan 21st 2010 3:08 pm

Re: PR studying outside the US....experiences?
 
It will be 2 years in May.

Jerseygirl Jan 21st 2010 3:15 pm

Re: PR studying outside the US....experiences?
 

Originally Posted by nicola9 (Post 8271531)
It will be 2 years in May.

Sounds a little like my daughter. I presume you have to be in the US two and a half years out of 5. Do your calculations carefully...then apply as soon as you can. It's well worth getting US citizenship if you can.

Please look into getting the re-entry permit...I'm not sure if it's a different permit for students. My daughter was very upset with the off hand attitude of the IO...fortunately the next time she entered the US it was for her US citizenship interview/oath ceremony and she had the confirmation letter with her.

nicola9 Jan 21st 2010 3:26 pm

Re: PR studying outside the US....experiences?
 

Originally Posted by Jerseygirl (Post 8271545)
Sounds a little like my daughter. I presume you have to be in the US two and a half years out of 5. Do your calculations carefully...then apply as soon as you can. It's well worth getting US citizenship if you can.

Please look into getting the re-entry permit...I'm not sure if it's a different permit for students. My daughter was very upset with the off hand attitude of the IO...fortunately the next time she entered the US it was for her US citizenship interview/oath ceremony and she had the confirmation letter with her.

Thanks Jerseygirl, yep I need to wait another 3 years give or take before I'm eligible to apply to be a USC, that's assuming I don't leave the country for study etc.

I can fully understand how your daughter felt, it can be upsetting the attitude you get from the IO sometimes, at least she can put that behind her now if she is a USC! :)

Jerseygirl Jan 21st 2010 3:29 pm

Re: PR studying outside the US....experiences?
 

Originally Posted by nicola9 (Post 8271558)
Thanks Jerseygirl, yep I need to wait another 3 years give or take before I'm eligible to apply to be a USC, that's assuming I don't leave the country for study etc.

I can fully understand how your daughter felt, it can be upsetting the attitude you get from the IO sometimes, at least she can put that behind her now if she is a USC! :)

Correct in waiting another 3 years...but out of the 5 years you have been a GC holder you only need to have spent 50% of that time in the US for citizenship.

Our daughter was fast approaching the 50/50 split so she applied.

Noorah101 Jan 21st 2010 3:49 pm

Re: PR studying outside the US....experiences?
 

Originally Posted by nicola9 (Post 8271503)
Thanks Rene, I really appreciate your sharing of knowledge and advice! One reason I'm so hesitant is I'm conscious of the fact that any time spent outside the US will be taken into account should I wish to become a USC.

Oh well looks like there's some big decisions to be made very soon! :thumbsup:

You're welcome. I brought that up because although it's about a 5-year wait for the spouse of an LPR to get an Immigrant Visa, it will change when you become a USC - then he gets a visa number immediately available and the process is less than a year after that.

Rene

nicola9 Feb 8th 2010 8:30 am

Re: PR studying outside the US....experiences?
 
Hello again!

I've been reading about the re-entry permit and I just wondered if anyone could help with a couple of questions I have!

On the form it states

reentry permits are generally valid for two years from the date of issuance of the reentry permit. If after becoming a LPR you have been outside the U.S. for more than four of the last five years, the permit will be restricted to one year.

How does that work if I've only had my green card since May 2008? I'm wondering if it's worth it if they are only going to allow me a one year permit?

It also states that if you are outside the US for less than a year you are not required to file for a re-entry permit. So if I go to study in the UK and then say come back for the summer that in theory means that I don't need to apply for a re-entry permit, but of course getting through immigration could be a problem if an IO looks on me unfavourably.

meauxna Feb 8th 2010 8:55 am

Re: PR studying outside the US....experiences?
 

Originally Posted by nicola9 (Post 8324360)
Hello again!

I've been reading about the re-entry permit and I just wondered if anyone could help with a couple of questions I have!

On the form it states

reentry permits are generally valid for two years from the date of issuance of the reentry permit. If after becoming a LPR you have been outside the U.S. for more than four of the last five years, the permit will be restricted to one year.

How does that work if I've only had my green card since May 2008? I'm wondering if it's worth it if they are only going to allow me a one year permit?

It also states that if you are outside the US for less than a year you are not required to file for a re-entry permit. So if I go to study in the UK and then say come back for the summer that in theory means that I don't need to apply for a re-entry permit, but of course getting through immigration could be a problem if an IO looks on me unfavourably.

It's starting to sound to me like you should post your question in the Immigration forum. :)

nicola9 Feb 8th 2010 8:58 am

Re: PR studying outside the US....experiences?
 
I think you are right! Can I move it or do I start a new thread?

meauxna Feb 8th 2010 9:21 am

Re: PR studying outside the US....experiences?
 

Originally Posted by nicola9 (Post 8324451)
I think you are right! Can I move it or do I start a new thread?

Go ahead and start a new thread; write up a recap of the situation and your understanding of what you need to do + include your specific question.


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