Noel194

Losing Permanent Residence Because of Travel
There are many myths about how long a permanent resident (green card holder) may remain outside of the United States before losing his or her green card status. This article will address some of those myths and provide the information necessary to try and avoid getting into trouble due to staying outside of the U.S. longer than the immigration law permits.
Myth 1 - Now that I have my green card I can move back to my country.
If you remain outside of the U.S. for more than one year continuously, you may lose your green card automatically. The Immigration Service takes the position that if you stay out this long, you have abandoned your green card status.
Myth 2 - If I visit the U.S. once a year I’ll be okay.
This is wrong. The law and the Immigration Service look to your intent or the purpose of your travel, not just whether you have returned to the U.S. once in a while. In fact, even if you travel to the U.S. frequently but you are living abroad, the Immigration Service may find that you have abandoned your residence and revoke your green card. The test is whether you intended to be abroad temporarily or whether you plan to live abroad permanently, not simply the time you spend outside of the U.S.
For example, if a person stays outside of the U.S. continuously and returns every few months but has no roots in the U.S., such as a job, bank accounts, a home, yearly tax returns, etc., the Immigration Service may find abandonment. On the other hand, if a person has strong ties to the U.S. but only returns once a year because he or she is abroad taking care of an ill or elderly family member, a finding of abandonment would not be appropriate if all other aspects of the person’s life establish that he or she has no intent of abandoning his or her residence (e.g., maintains a home, pays taxes, owns a business, etc.).
In determining whether a person has abandoned his residence, the courts have generally looked at the following factors: a. Purpose of departure; b. Existence of fixed termination date for visit abroad; and c. Objective intention to return to U.S. as place of permanent employment or actual home.
How will the Immigration Service know how long I’ve been gone?
This typically occurs either at the time you return to the U.S. and come through customs or when you apply for citizenship and the Immigration Service inquires about your travels.
It is important to note that you have the right to contest the Immigration Service's allegation that you have abandoned your residence.
In order to prevail on a finding that someone has abandoned her green card status, the Immigration Service must prove by clear, unequivocal and convincing evidence that residence has been abandoned.
If it was not your intent to abandon your residence and you maintained strong ties to the U.S., do not be intimidated by the Immigration Service merely because an immigration officer makes allegations of abandonment – make them prove it!
Myth 3 - I am automatically eligible for citizenship after five years.
One last point about traveling abroad is that it may effect your eligibility for U.S. citizenship. In addition to maintaining your ties to the U.S., you must also be physically present in the U.S. for certain periods of time in order to be eligible for citizenship. Generally, you must be physically present in the U.S. for at least half of the previous five years.
For most travelers, abandonment of residence will not be an issue, but for those who stay outside the U.S. for extended periods of time, the above tips should be kept in mind.

Losing Permanent Residence Because of Travel
There are many myths about how long a permanent resident (green card holder) may remain outside of the United States before losing his or her green card status. This article will address some of those myths and provide the information necessary to try and avoid getting into trouble due to staying outside of the U.S. longer than the immigration law permits.
Myth 1 - Now that I have my green card I can move back to my country.
If you remain outside of the U.S. for more than one year continuously, you may lose your green card automatically. The Immigration Service takes the position that if you stay out this long, you have abandoned your green card status.
Myth 2 - If I visit the U.S. once a year I’ll be okay.
This is wrong. The law and the Immigration Service look to your intent or the purpose of your travel, not just whether you have returned to the U.S. once in a while. In fact, even if you travel to the U.S. frequently but you are living abroad, the Immigration Service may find that you have abandoned your residence and revoke your green card. The test is whether you intended to be abroad temporarily or whether you plan to live abroad permanently, not simply the time you spend outside of the U.S.
For example, if a person stays outside of the U.S. continuously and returns every few months but has no roots in the U.S., such as a job, bank accounts, a home, yearly tax returns, etc., the Immigration Service may find abandonment. On the other hand, if a person has strong ties to the U.S. but only returns once a year because he or she is abroad taking care of an ill or elderly family member, a finding of abandonment would not be appropriate if all other aspects of the person’s life establish that he or she has no intent of abandoning his or her residence (e.g., maintains a home, pays taxes, owns a business, etc.).
In determining whether a person has abandoned his residence, the courts have generally looked at the following factors: a. Purpose of departure; b. Existence of fixed termination date for visit abroad; and c. Objective intention to return to U.S. as place of permanent employment or actual home.
How will the Immigration Service know how long I’ve been gone?
This typically occurs either at the time you return to the U.S. and come through customs or when you apply for citizenship and the Immigration Service inquires about your travels.
It is important to note that you have the right to contest the Immigration Service's allegation that you have abandoned your residence.
In order to prevail on a finding that someone has abandoned her green card status, the Immigration Service must prove by clear, unequivocal and convincing evidence that residence has been abandoned.
If it was not your intent to abandon your residence and you maintained strong ties to the U.S., do not be intimidated by the Immigration Service merely because an immigration officer makes allegations of abandonment – make them prove it!
Myth 3 - I am automatically eligible for citizenship after five years.
One last point about traveling abroad is that it may effect your eligibility for U.S. citizenship. In addition to maintaining your ties to the U.S., you must also be physically present in the U.S. for certain periods of time in order to be eligible for citizenship. Generally, you must be physically present in the U.S. for at least half of the previous five years.
For most travelers, abandonment of residence will not be an issue, but for those who stay outside the U.S. for extended periods of time, the above tips should be kept in mind.

Losing Permanent Residence Because of Travel
There are many myths about how long a permanent resident (green card holder) may remain outside of the United States before losing his or her green card status. This article will address some of those myths and provide the information necessary to try and avoid getting into trouble due to staying outside of the U.S. longer than the immigration law permits.
Myth 1 - Now that I have my green card I can move back to my country.
If you remain outside of the U.S. for more than one year continuously, you may lose your green card automatically. The Immigration Service takes the position that if you stay out this long, you have abandoned your green card status.
Myth 2 - If I visit the U.S. once a year I’ll be okay.
This is wrong. The law and the Immigration Service look to your intent or the purpose of your travel, not just whether you have returned to the U.S. once in a while. In fact, even if you travel to the U.S. frequently but you are living abroad, the Immigration Service may find that you have abandoned your residence and revoke your green card. The test is whether you intended to be abroad temporarily or whether you plan to live abroad permanently, not simply the time you spend outside of the U.S.
For example, if a person stays outside of the U.S. continuously and returns every few months but has no roots in the U.S., such as a job, bank accounts, a home, yearly tax returns, etc., the Immigration Service may find abandonment. On the other hand, if a person has strong ties to the U.S. but only returns once a year because he or she is abroad taking care of an ill or elderly family member, a finding of abandonment would not be appropriate if all other aspects of the person’s life establish that he or she has no intent of abandoning his or her residence (e.g., maintains a home, pays taxes, owns a business, etc.).
In determining whether a person has abandoned his residence, the courts have generally looked at the following factors: a. Purpose of departure; b. Existence of fixed termination date for visit abroad; and c. Objective intention to return to U.S. as place of permanent employment or actual home.
How will the Immigration Service know how long I’ve been gone?
This typically occurs either at the time you return to the U.S. and come through customs or when you apply for citizenship and the Immigration Service inquires about your travels.
It is important to note that you have the right to contest the Immigration Service's allegation that you have abandoned your residence.
In order to prevail on a finding that someone has abandoned her green card status, the Immigration Service must prove by clear, unequivocal and convincing evidence that residence has been abandoned.
If it was not your intent to abandon your residence and you maintained strong ties to the U.S., do not be intimidated by the Immigration Service merely because an immigration officer makes allegations of abandonment – make them prove it!
Myth 3 - I am automatically eligible for citizenship after five years.
One last point about traveling abroad is that it may effect your eligibility for U.S. citizenship. In addition to maintaining your ties to the U.S., you must also be physically present in the U.S. for certain periods of time in order to be eligible for citizenship. Generally, you must be physically present in the U.S. for at least half of the previous five years.
For most travelers, abandonment of residence will not be an issue, but for those who stay outside the U.S. for extended periods of time, the above tips should be kept in mind.

The presumption by law is that your mother intendes to illegally immigrate to the USA. She should simply tell them that she is visiting for tourism. When you write an invitation letter stating that she is coming to visit her family and grandchild, that she is having her trip paid for etc. You give the interviewing officer evidence to support the presumption that she will not return. If she simply would have gone in and said she was visiting for tourism and only answer questions about family if asked she may have been approved as a wife and mother who has strong tie to her home country not a mother a grandma with strong ties to the USA also.

After January 1, 2014 pre-existing conditions can no longer be excluded from insurance policies by federal law. Thank you President Obama. Your employer will have to cover her and if not you will be able to buy her a policy on the new insurance exchanges and they have to cover pregnaency and you could get a tax credit because your employer refused to cover her and they would be fined. I am not sure how old she is but here in Maryland the premium will be about $250 per month for a 30 something non-smoker woman for full coverage halth insurance including pregnancy.

The problem is that the alimony is tax deductible for you because it is taxable for her. It would be no different than if she lived here as a LPR won the lottery or earned a pension and then moved back to her home country and gave up her residency. The lottery winning or pension ares still taxable in the US because that is where they are payed from just like your alimony. If she were allowed to collect the alimony tax free you could divorce, stay together, pay her a huge alimony payment and deduct it from your income therby reducing your tax burden to zero and have your money tax free. See the problem it would be a huge loophpole for tax fraud.

After January 1, 2014 pre-existing conditions can no longer be excluded from insurance policies by federal law. Thank you President Obama. Your employer will have to cover her and if not you will be able to buy her a policy on the new insurance exchanges and they have to cover pregnaency and you could get a tax credit because your employer refused to cover her and they would be fined. I am not sure how old she is but here in Maryland the premium will be about $250 per month for a 30 something non-smoker woman for full coverage halth insurance including pregnancy.

From what I have heard from my Canadian friends it is all location dependent. None of my friends in Toronto have ever complained about having problems with the health care system there but they have heard these stories from different areas of Canada having problems.
Canada's system is not perfect but it is a whole lot better for the majority of the people than the US health care farce.

After January 1, 2014 pre-existing conditions can no longer be excluded from insurance policies by federal law. Thank you President Obama. Your employer will have to cover her and if not you will be able to buy her a policy on the new insurance exchanges and they have to cover pregnaency and you could get a tax credit because your employer refused to cover her and they would be fined. I am not sure how old she is but here in Maryland the premium will be about $250 per month for a 30 something non-smoker woman for full coverage halth insurance including pregnancy.

After January 1, 2014 pre-existing conditions can no longer be excluded from insurance policies by federal law. Thank you President Obama. Your employer will have to cover her and if not you will be able to buy her a policy on the new insurance exchanges and they have to cover pregnaency and you could get a tax credit because your employer refused to cover her and they would be fined. I am not sure how old she is but here in Maryland the premium will be about $250 per month for a 30 something non-smoker woman for full coverage halth insurance including pregnancy.

This is a rule that was created because people abused the system. People would arrive on the VWP stay 89 days go to Canada or Mexico for a few days and then return and get another 90 days. This is not the intent of the VWP so the rules had to change to stop this. Don't blaim the Government blaim all the people who cannot follow the rules.

Well apparently the CBP does not understand either. From their website:
If you are from a visa waiver program country and you are coming for tourism or business (but not for employment or as a working member of the media) you may enter into the U.S. (including Hawaii, Alaska, Puerto Rico and the U.S. Virgin Islands) for up to 90 days. If you wish to visit the U.S. for a longer period of time, you will need to obtain a visa.
If visiting the U.S. under the visa waiver program you may not apply for an extension of stay.
While in the U.S., you may go to Canada, Mexico and the Caribbean and Adjacent Islands and re-enter the U.S. using the I-94 admission notation you were issued on your VWP passport when you first arrived in the U.S., although the time you spend there is included in the 90 days allotted for your visit.
If you go to Canada and Mexico or the Caribbean, and while you are there, your initial 90-day period of entry expires, but you need to come back in to the U.S. to fly home, you may encounter a problem. The terms of the VWP are very clear - it is only to be used for occasional, short visits to the U.S. If the CBP Officer thinks you are trying to "reset" the clock by making a short trip out of the U.S. and re-entering for another 90-day period, you can be denied entry. (If that happens, you will have to obtain a visa for any future travel to the U.S.) In order to be re-admitted to the U.S. shortly after a previous admission expired, you will have to convince a CBP Officer that you are not trying to "game" the system.
Perhaps you should not give people advice that will make them inadmissable under the VWP in the future. Just a thought.

When I went with my wife to get her drivers license the MVA computers automatically check the box that registers you to vote. I caught it and had them uncheck it. I asked why this was so and they said this is an attempt by the state to register more people to vote. So everyone be careful when getting your DL

You can have all the sex you want while visiting with your visa.

You can have all the sex you want while visiting with your visa.

You can have all the sex you want while visiting with your visa.

I think one needs to remember that it is Ukraine. For a few dollars I can provide a complete array of forged documents with official governement seals. I am pretty sure I could obtain an official birth certificate, marriage certificate home ownership papers, bank documents etc for a few hundred dollars and Im an American. The Embassy knows this and they do not have the time or resources to verify all documents so they do not put a lot of weight on them. Again if people did not abuse they system everyone would get a visa. Unfortunately in a country of rampid corruption leading to easily obtained forged documents a "gut" feeling by and embassy interviewer is all that the US has.

I think one needs to remember that it is Ukraine. For a few dollars I can provide a complete array of forged documents with official governement seals. I am pretty sure I could obtain an official birth certificate, marriage certificate home ownership papers, bank documents etc for a few hundred dollars and Im an American. The Embassy knows this and they do not have the time or resources to verify all documents so they do not put a lot of weight on them. Again if people did not abuse they system everyone would get a visa. Unfortunately in a country of rampid corruption leading to easily obtained forged documents a "gut" feeling by and embassy interviewer is all that the US has.

I think one needs to remember that it is Ukraine. For a few dollars I can provide a complete array of forged documents with official governement seals. I am pretty sure I could obtain an official birth certificate, marriage certificate home ownership papers, bank documents etc for a few hundred dollars and Im an American. The Embassy knows this and they do not have the time or resources to verify all documents so they do not put a lot of weight on them. Again if people did not abuse they system everyone would get a visa. Unfortunately in a country of rampid corruption leading to easily obtained forged documents a "gut" feeling by and embassy interviewer is all that the US has.

I think a pretty good test is what an average person thinks when you tell them the story. I told 5 people and all 5 said FRAUD. I think you are going to have big problems.

You are correct. People are confusing the fact that US Citizens need not file a tax return if they have no income but a requirement of your greencard is that "File all income tax return" there is no * stating only if you have income. It is a good idea for anyone to file federal and state even if it is all 0.00. If you do not file the governemnt can file on your behalf and estimate taxes owed and who wants to be on the back side of that fighting. If you file 0.00 you are covered for the price of a first class stamp.

In the city I live in we built two additional fire houses and we had a 20% increase in the number of fires the next year. See the correlation?

I feel bad for you and your family but there was obviously something that the embassy officials did not like. The rules state that you get a different interviewer for subsequent visa interviews. I went through a denial with my MIL in 2009. I flew over, attended the second interview with her and she was approved. She is divorced, retired, owned no property and my wife is her only child. Not very strong ties but she was approved and has since gotten a 5 year multi-entry and has been here and back 3 times. As many people have pointed out there is a lot of abuse of the vistitor visa systems so perhaps you should focus your anger towards the people who abuse the system and not the governemnt. Don't you think that if every person who was issued a visitor visa retruned to there home coutry all visas would be approved.

I am surprised some of the poeple can remember to breath. I went through the same thing at our local community college when my wife enrolled in an ESL class. The rules clearly stated " A k-1 visa holder is entitled to in-state tuition if the his or her spouse has been a resident of Maryland for at least 1 year and has a Maryland Drivers Licenses". Pretty clear right? They argued and argued and billed us for out-of state tuiotion(5x as much) I had to go to the President of the College and threaten to sue before they would offer in-state tuition. The OP got screwed and she is entitled to resident fees go get your $100 back or in the abscense tell them you want a 5 year or your hunting licenses for $0

The rules were different before 1986 and back before the 50's so the grandfather may meet the requirements to pass on to the mother but the mother would not be able to pass on to the daughter because she did not meet the time requirements.