Residency requirement

[Northern Light 0]

I would like to know the residency requirement of a GC holder. I know that to keep the residency, one have to enter in US at least once in every 6 month. If that is true, then how many days he/she has to stay in US. Is there anything else I am missing regarding residency requirement? If someone share their knowledge, I will greatly appreciate it.

Thanks

[Jojo92122 1,925]

I would like to know the residency requirement of a GC holder. I know that to keep the residency, one have to enter in US at least once in every 6 month. If that is true, then how many days he/she has to stay in US. Is there anything else I am missing regarding residency requirement? If someone share their knowledge, I will greatly appreciate it.

Thanks

What you know is wrong - you DO NOT get "to keep the residency" by entering the "US at least once in every 6 month."

US legal permanent residency means exactly that - the LPR must make the US his/her PERMANENT RESIDENT. Living abroad and entering the US every 6 months is a quick way to abandon a green card.

Google "maintaining legal permanent residency" to research this subject.

[Anh map 2,098]

Make sure that you are filing US income tax returns each year. Remember that the US taxes on worldwide income.

Do some research. Visiting the US occasionally may not maintain your status. Here is one attorney's article about the subject. >>> http://www.americanl...m/maintlpr.html

If your goal is to apply for citizenship you may want to do some reading here as well >>>> http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=399faf4c0adb4210VgnVCM100000082ca60aRCRD&vgnextchannel=399faf4c0adb4210VgnVCM100000082ca60aRCRD

Edited July 6, 2011 by Anh map

[Northern Light 0]

Thanks for your feedback. I will have to stay in Canada for my study roughly a year and half or less. Then I can stay&work in US. But during that one year and half, I have to visit US several times for my family and study purposes. With such situation, should I request USCIS for reentry permit to be legally safe as I am not staying in US more than a year.

BTW my spouse is a US citizen and she is looking for job in Canada now. Will it be better for me, if she works in US?

Thanks again.

Make sure that you are filing US income tax returns each year. Remember that the US taxes on worldwide income.

Do some research. Visiting the US occasionally may not maintain your status. Here is one attorney's article about the subject. >>> http://www.americanl...m/maintlpr.html

If your goal is to apply for citizenship you may want to do some reading here as well >>>> http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=399faf4c0adb4210VgnVCM100000082ca60aRCRD&vgnextchannel=399faf4c0adb4210VgnVCM100000082ca60aRCRD

[Jojo92122 1,925]

Thanks for your feedback. I will have to stay in Canada for my study roughly a year and half or less. Then I can stay&work in US. But during that one year and half, I have to visit US several times for my family and study purposes. With such situation, should I request USCIS for reentry permit to be legally safe as I am not staying in US more than a year.

BTW my spouse is a US citizen and she is looking for job in Canada now. Will it be better for me, if she works in US?

Thanks again.

Yes, it is best that you get a re-entry permit. With a re-entry permit, your time outside the US cannot be used in determining if you abandoned your legal permanent residency.

It doesn't matter where your US citizen wife works.

What you need to do is maintain ties to the US; i.e., maintain bank accounts in the US, file US tax returns, etc.

[mex 0]

I would like to know the residency requirement of a GC holder. I know that to keep the residency, one have to enter in US at least once in every 6 month. If that is true, then how many days he/she has to stay in US. Is there anything else I am missing regarding residency requirement? If someone share their knowledge, I will greatly appreciate it.

Thanks

The Bottom line here is to keeping your residency for at least 5 year Rule prior to apply for citizenship , within that 5 years you cannot go over 180 days total during your spend travel outside US for the last five years during your travel.If you are getting Re entre permit that must be good. Listen here's scenario once you deal with that situation. Your clock would be going to rollback otherwise you start from the beginning.Keep in mind you only have 10 yr valid to comply the 5 year rule residency. and must be keep your GMC ( Good Moral Character),and last but not the least file taxes each year If there is one that need to file

[warlord 73]

What you know is wrong - you DO NOT get "to keep the residency" by entering the "US at least once in every 6 month."

US legal permanent residency means exactly that - the LPR must make the US his/her PERMANENT RESIDENT. Living abroad and entering the US every 6 months is a quick way to abandon a green card.

Google "maintaining legal permanent residency" to research this subject.

Yep and also you could be living and residing outside the US for under 6 months and abandon your GC depending on if you are working and living for a non-US company. 6 months means nothing in this case. All that means is after 6 months you have to prove you did not break residency. Under 6 months, the IO just needs to prove it. Judging by the IO's post, it doesn't seem to hard for the IO to see they are not following the conditions of the GC and goodbye status...

[Northern Light 0]

Thanks for your suggestion. I will be leaving US soon and coming back again after 1 month. Can I apply for the reentry permit then? Do I need to apply for the reentry permit first time I enter US?

Yes, it is best that you get a re-entry permit. With a re-entry permit, your time outside the US cannot be used in determining if you abandoned your legal permanent residency.

It doesn't matter where your US citizen wife works.

What you need to do is maintain ties to the US; i.e., maintain bank accounts in the US, file US tax returns, etc.

[Jojo92122 1,925]

Thanks for your suggestion. I will be leaving US soon and coming back again after 1 month. Can I apply for the reentry permit then? Do I need to apply for the reentry permit first time I enter US?

You can only apply for the re-entry permit while in the US.

Google "re-entry permit" and follow the instructions from USCIS.

[Kathryn41 3,205]

Thanks for your suggestion. I will be leaving US soon and coming back again after 1 month. Can I apply for the reentry permit then? Do I need to apply for the reentry permit first time I enter US?

You need to apply for the travel permit before you leave the US. It is form I-131 (it has a number of different functions). You should be able to download it from the uscis website at http://www.uscis.gov . Click on the "Forms" option at the top of the page then select form I-131. Be prepared to wait for the website - it sometimes takes a while for the forms to load properly.

Here is a direct link: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Edited July 7, 2011 by Kathryn41

[Northern Light 0]

Thanks. If I am given a reentry permit for a year or two, can I still visit US during that time. Do I need to apply for the reentry permit in my first visit in US as a PR?

You can only apply for the re-entry permit while in the US.

Google "re-entry permit" and follow the instructions from USCIS.

[warlord 73]

Remember you have to be first granted a re-entry permit. You can be denied as it's not a given a PR can get one. The processing time is around 8-16 months so be prepared to stick around the US during that time while waiting for it to either be granted or denied. You will also most likely have to prove your current US residency ties. If you have already been living outside the US then this will most likely cause it to be denied. It will also reset your residency clock.

So some serious things to think about with the re-entry permit before even bothering to apply and spend the money for it...

[Jojo92122 1,925]

Thanks. If I am given a reentry permit for a year or two, can I still visit US during that time. Do I need to apply for the reentry permit in my first visit in US as a PR?

Read the instructions for the re-entry permit. Your questions will be answered there.

You can only apply for the re-entry permit after you become an LPR. You must file for it while you are in the US. You can leave the US before receiving the permit. You can have the permit sent to a US embassy or consulate for you to pick up.

[Jojo92122 1,925]

Remember you have to be first granted a re-entry permit. You can be denied as it's not a given a PR can get one. The processing time is around 8-16 months so be prepared to stick around the US during that time while waiting for it to either be granted or denied. You will also most likely have to prove your current US residency ties. If you have already been living outside the US then this will most likely cause it to be denied. It will also reset your residency clock.

So some serious things to think about with the re-entry permit before even bothering to apply and spend the money for it...

It does not take 8-16 months for a re-entry permit. In addition, a LPR can leave and request the re-entry permit be delivered to a US embassy or consulate where the LPR can pick it up. The LPR does not have to stay in the US to wait for a decision on the permit. The only condition is that the LPR must be in the US for biometrics if it is required. See the first page of the instructions for Form I-131.

[rika60607 215]

My re-entry permit took about 3 months. LPR only has to stay in the US long enough after application for re-entry permit to go to biometrics (about 1 month) and re-entry permit can be sent to US embassy in the country where the applicant is going.