Due to job issues living outside

[Parsoram 2]

Hi Friends,

 

A quick one for you all. I am a green card holder and am eager to be a U.S. citizen in 5 years. The company I work for (UK based) just completed of the acquisition of some other U.S. company and I directly requested my role and position to change so that without changing my company I would work and live in the U.S. However since those two companies are very big the acquisition process is slow and takes time. After the process, they will work on my task and they say it will take time (maybe more than a year). So I have to work in my current country until everything gets solved. Plus to that, if something happens and they refuse to replace me, as a backup plan, I am applying for other jobs in other companies in the U.S, but no luck yet. I am planning to visit the U.S. every 6 months until I solve this issue and I have a bank account with a good lump sum of money, credit cards, telephone number (mobile). Do you think that it would work, or do I have a (strong) chance of being denied at the border? I know you guys do not have the exact answer, but at least, would this count as an excuse if I am to be questioned or they will directly send me to the court?

 

Thanks! 

 

Oh by the way, happily marry Christmas to you all!

 

 

[Hypnos 6,576]

Denied what, entry? CBP can only deny entry to an LPR under very limited circumstances. But as an LPR you are obligated to maintain US residency. If you aren't living in the US, which is what you have implied, then you aren't entitled to a green card. 

 

If CBP notices that you aren't actually a US resident but are simply using your green card as a tourist visa then they may ask you to voluntarily relinquish your green card. Should you decline, they may then refer you to immigration court where they would ask an immigration judge to revoke your LPR status. 

 

Even if that didn't happen and you remained an LPR, you wouldn't be able to naturalise until you met the physical presence and continuous residency requirements, which right now you don't since the US isn't your country of residence. 

Edited December 25, 2017 by Hypnos

[SusieQQQ 11,586]

If you’re living and working outside the US you are not residing in the US so yes you could face some tricky questions at the border. Especially as all you have is a bank account - many non-residents have substantial US bank accounts, it doesn’t mean much without an address, a drivers license, active accounts in the US, family in the US, & similar things that show a proper intention to make it your home. And if you get an official warning - with something like “advised residency requirements” noted in your passport - there’s a decent chance of being told you need to see an immigration judge to argue your case next time you enter. So you are skating on thin ice. I’d suggest you get a re-entry permit to help prove your intention, especially given the time frames you are talking about, but that may require you being in the US longer than you want right now.

 

by the way, it’s generally very difficult to be applying for jobs from outside the US, it’s not surprising you’re not having any luck. From what you’ve described, your intentions with your current job are more a wish list than anything confirmed from your company, so as advice you didn’t ask about, maybe this is an angle you need to be reconsidering too. It would be a shame to give up your green card for short term job considerations..

 

Oh, as above your moves may make naturalization within 5 years difficult. 

And I assume you know you need to be filing tax returns with the IRS regardless of where you are physically located or earning income.

 

Edited December 25, 2017 by SusieQQQ

[CEE53147 559]

OP may have already forfeited his GC because he has lived and WORKED outside the US. You need to consult an attorney - not the company's.

[SusieQQQ 11,586]

12 minutes ago, CEE53147 said:

OP may have already forfeited his GC because he has lived and WORKED outside the US. You need to consult an attorney - not the company's.

It’s a bit fudgey with DV visas after activating, many of them go back and live/work for a while before making a permanent move over - mainly because DV happens a lot quicker than other immigrant visas and many selectees generally haven’t had time to wrap up/sell up everything etc at home. (We did this, I know others who have, and it generally isn’t a problem.)  This case sounds a little different to most DV ones though as there doesn’t seem to have been a clearly defined, less than one year, plan to permanently make the move to the US. Indefinitely living and working somewhere else is certainly more of a danger, particularly as the OP doesn’t seem to have set up anything other than bank accounts as a tie to the US so far. Touchdowns every 6 months is not going to make the grade.

 

** OP didn’t actually say he is a DV GC holder, but I’m assuming that because he posted in this forum.

Edited December 26, 2017 by SusieQQQ

[Parsoram 2]

guys, thanks for your answers,

 

Let me clarify couple of things, 

 

 

 

First of all, I am 2016 winner of GC and my first entry is made in June 2016. after one year (before June) we move to (one way) Texas for good. In that time I looked for another job and I was on an unpaid leave. I also tried to speed up things by getting in touch with the people in the U.S. branch of my company. However, after 1.5 months, we saw that we cannot find a job ( i went to a couple of interviews in different states and applied for nearly 225 jobs) and the money we have just got wasted and won't hold up more than 6 months if we continue like this. We were 1 baby and 3 people including mom and my wife. We decided to look for a job from outside of the U.S. and when available I would fly for an interview: and it did happen 2 times, So I fly over the weekend, had the interview and returned. I actually am waiting for one company to get back to me with a positive feedback, hopefully, and willing to relocate right away. Oh by the way, when I say substantial lump sum money, it is substantial for me, or for my country, it is not substantial in the U.S. I guess. It only covers nearly 6 months of standard living of 4 people including car rent, nothing much. 

 

I mean if they see what I am doing (I can prove all job applications, negative returns etc.) and still forfeit my GC, then please do so, I cannot risk my family, their basic standards etc. I just expect a little bit of understanding and sympathy as I am doing everything and paying my every penny that I saved to legally move to the U.S.

 

It seems like I will travel before 6 months is over, and if they are going to 'deny' me, let it be so...What can I say?

 

Thanks

Edited December 26, 2017 by Parsoram

[SusieQQQ 11,586]

How did you manage to move your mom with you on a DV win???

 

yes, if its already 18 months since you activated and you’re talking another year or more basically out the US, unless you (all) get reentry permits, you could face problems.

Will your family come back every 6 months too by the way? You have to individually  maintain green card status.

 

and yes unfortunately it’s a fact that job hunting for decent jobs can take a while in the US. You may want to check the looking for work thread elsewhere in this forum if you haven’t yet, to ensure you are doing everything best you can re resume presentation etc as well. For most people yes it will take longer than 1.5 months to find something. Competition for jobs in the US is generally tough, including for jobs requiring college degrees.

Edited December 26, 2017 by SusieQQQ

[Parsoram 2]

mom has a standard non-immigrant visa (valid for 10 years) so she (to help us out with the 1-year-old) decided to come with us. If everything went perfect, she would have returned before 6 months and would come back if needed. Yes, it is the 20th month actually, so there is a big chance of getting into problems I guess. 

Me, my wife and my son, we all travel together. I did make a research if we can leave the boy behind in our trips, but I did not get a satisfying answer, and to make sure everything is by the book, we carried him along.

 

I did not check the career page, but let me do so. 

 

PS: I did find a couple of 'contracted' jobs for 6 to 12 months, but when I asked them what is going to happen after 6 mo's and they told me that we'll find you another project no worries. I told them to legally, in writing provide me something that so that I can start, they said no. So it means that after 6 mo's if they cannot find anything, I am out on the street, have no job, in the winter time, with my family. That's another risk that I cannot take. I know that there are many people took several even bigger risks to live in the U.S. but I am not that desperate. ( I hold a masters degree in IT)

[SusieQQQ 11,586]

You may not be aware of this, but your mom is breaking the law using a tourist visa to essentially live and help out while she is with you. Yes, even if she did this for less than 6 months. If CBP figure out what she’s doing, she will get her visa revoked and may face a ban on entry to the US. 

 

You definitely need to look more into tips for finding jobs, or widen where you want to live and work, because you should not be having such a hard time finding work with your qualification.  Honestly, I’d suggest you take those contract jobs. Even if they don’t get renewed, having US experience on your resume will be a huge help in looking for other work - as will being physically present in the US. You also need to understand that job security in the US as a rule is way less than what most other countries have. You get used to it after a while and figure out the system.

 

most of us can sympathize with how hard it is, how scary it can be, how worrying the finances can be etc. I’m not dismissing this. While a DV has many benefits, it is scarier moving without a job or family waiting, and in that sense is harder than many other immigrant visas. But at some point, you have to take that leap of faith and just do it.

 

 

Edited December 26, 2017 by SusieQQQ

[lms 50]

You and your family should apply for a re-entry permit. You clearly want to move to the US, but due to work you can't as of now. Can you travel for weeks and wait for the re-entry permit to arrive? That gives you another 2 years. 

 

Best regards

[abum 324]

I would suggest you to apply for a re-entry permit.

 

I think i am in your boat (a bit) - DV winner; activated my GC end of 2016 but had not made a permanent move just yet. Re-entered USA a couple of months back (exactly 9 months after activating my GC). Was asked some questions at PoE (the officer was saying something like "we gave you this GC, and we can also take it away. lots of people wanted this GC"). Then I got pulled to secondary inspection, after close to 1 hour of waiting, i was allowed to enter the country. Then I applied for I-131 Re-entry permit (which has now been approved). So that should allow me some extra time to make my final move - and at the same time applying for jobs - have applied to more than 100 jobs now i think...

[EmilyW 1,452]

Very difficult to get a job from overseas when the US has plenty of talent within its borders to pick from.

 

At some point, you will just have to take that leap of faith.  Or stay in your home country.

[Hypnos 6,576]

OP can only file for a re-entry permit from within the US, though they can have the document dispatched to a US post overseas where they can pick it up in-person. 

[Boiler 45,670]

1 hour ago, EmilyW said:

Very difficult to get a job from overseas when the US has plenty of talent within its borders to pick from.

 

At some point, you will just have to take that leap of faith.  Or stay in your home country.

I was thinking the same, generally it is very difficult to get a job when you are not in Country. 

 

And lots of things that make you wonder, most jobs are at will anyway so a Contract has pluses.

[Husar 0]

I activated my visa the 14 of October and I will permanently move to the US the 5 of April. Meanwhile I was absolving an internship  outside the US to prepare myself for the university I am going to visit in the US and I to practice English. Could I get problems when I enter the 5 of April? I was nearly 6 months abroad an on my activation trip I wa sphere only for 9 days. On 5 of April I’m gonna live there permanently though.