spending less than a year out of the US for residents......questions

miamimike says on Mar 24, 04:49:

Did you try a search here on PBH?

"There's an old saying in Tennessee — I know it's in Texas, probably in Tennessee — that says, fool me once, shame on — shame on you. Fool me — you can't get fooled again." —President George W. Bush,

jorgegdiaz says on Mar 24, 06:13:

I think it´s 1 year after you left. Some time within 365 days.
My brother in law was finishing college in COL and was absent for 11 months and INS stamped that in his passport (that was in ´96). When he applied for citizenship he had to prove that he was finishing college.

Man with hole in pocket feel cocky all day.

Mononoke28 says on Mar 24, 09:16:

It's 1 year from the time you left the States and she also has to be ready to give a good answer if the POE officer drills her for being away for so long year after year. Permanent residency is given to a foreigner to LIVE in the US, if they see that this may not be the case then they have the right to question her absences.

Diana

Gator says on Mar 24, 09:21:

First. It is very important to understand, which many people do not, being a legal permanent resident is not a legal right but a revocable privilege's means that means that an alien may lose permanent resident status even after receiving a "Green Card." Although a permanent resident she remains an "alien." It is therefore possible for her to lose LPR status under certain extreme circumstances.

Second. As a general rule if a permanent resident leaves the U.S. for one year or less, he/she can use a I-551 (Green Card) as a reentry document. But, when an alien is absent from the U.S. for more than one year, he/she may have a difficult time reentering the country because the USCIS takes the position that an absence of longer than one year in duration indicates a possible abandonment of U.S. residency. Permanent residents who have been out of the U.S. for more than one year will need to obtain reentry permits or a special immigrant visas. Many Green Card holders accordingly believe that in order to keep their PR status, they can simply return to the U.S. once a year and stay for several weeks. This is NOT correct. Merely returning to the U.S. and using the Green Card once a year has little bearing on the question of whether the PR has maintained the intent to remain a PR in the United States

Third. What ICESS will look at:.

The length of the PR's absence from the U.S.;
The purpose for the PR's departure;
The existence of facts evidencing a fixed termination date for the stay abroad;
The continued filing of U.S. tax returns with the IRS in a resident status;
The location of the PR's close family members;
The location and nature of the PR's employment abroad;
The maintenance of other ties with the U.S. including mailing address, bank account, ownership of property, driver's license, club membership(s), mortgage, credit card, etc.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

jonas says on Mar 24, 09:28:

I think a rule where it was 1 year after your last entry into US would not make sense. But than again there is a lot of nonsense in politics....

What I have, I do not want to lose, but Where I am I do not want to stay, but those I love, I do not want to leave, but those I know I no longer want to see, but Where I die, I do not want to go;I want to stay where I have never been

guacharaca says on Mar 24, 10:41:

At one time when I had a US PR card, I entered the US everyday in order to look for work and the officer almost took my card away because I was not renting an apartment in the US. He told me to ``get your ass down here and rent an apartment`` or I will take your card away. I was fortunate that he gave me a second chance. Since then I had always carried a utilities bill for my US residence when returning to the US until I naturalized. Read the following links in order to preserve residency:
http://www.visalaw.com/06dec3/2dec306.html
http://www.visalaw.com/03mar2/2mar203.html
http://www.visalaw.com/95mar/3march.html
http://www.visalaw.com/99oct/20oct99.html
http://www.visalaw.com/97jun/16jun97.html

bufalo says on Mar 25, 10:31:

Thanks. I do have to admit that it is amazing as to how many colombians I know down here that go to the US for a few days a year and maintain their PR. They do this for years,some even renewed their green card. We only got asked once and the oficer didn't really mind much. The last two years we had a good excuse for being down here and this time we're going up for good (until citizensip anyway).

Thing is is that my wife may need an operation (nothing drastic, nor boobs). Something we could not afford in the US, but we'll need a few extra weeks or so. Would be nice if the consulate gave us an extention. I never would have thought about it, but just met a guy here that is undergoing a "medical treatment" and he paid $350 at the consulate for a whole year's extention. Real reason he isn't going is because work in the US is tough now, so he just wants to wait a bit.
Anyone know how this works? (yes I'll be checking into it too)

"If you don't like it - lump it, take it down the road and dump it." - Archie Bunker played by Carroll O'Connor

Mononoke28 says on Mar 25, 10:54:

You can file form I-131 before you leave the States and if approved that'll let her stay outside the US for up to 2 years.

Diana

bufalo says on Mar 25, 11:35:

Thanks, but that's a reentry permit - different ballgame.

"If you don't like it - lump it, take it down the road and dump it." - Archie Bunker played by Carroll O'Connor