Get Your Free Guide

How to Hire
the Right
Immigration
Attorney
for Your Case.

Don't Know Where to Start?

Working Abroad – Abandoning Green Card?
Posted By:
Posted On: February 27, 2007
Stephen, this one’s for you.

Marriage to a US citizen does not protect a LPR (lawful permanent resident) from losing his/her permanent residency if the LPR and their US citizen spouse decide to live outside of the U.S.
Typically when an LPR expects to be out of the US for longer than 6 months for a temporary stay abroad but has no intent to relinquish their US residence, the LPR can apply for a “re-entry permit.” However, CIS takes the position that even with a valid re-entry permit, absences of 1 year or more constitute “abandonment” of permanent residency. However, residency may be abandoned even if less than one year where person lives and works abroad.

It’s best to wait on that job offer abroad if you can until you can become a US citizen. Once the LPR becomes a US citizen (usually in as little as 4 years after LPR grant given current processing times), the former LPR can live outside of the US as long as s/he desires without having to worry about being allowed to re-enter.

One other issue I noticed in your posting, Stephen. If you become a LPR based on employment, if you immediately leave the company and go work abroad, you also bring into question whether you ever had a bona fide job offer since you “left” the company right after you got your green card. This could be very difficult to explain to a new officer at the airport when trying to re-enter the US.
Attorney Heather L. Poole practices exclusively in the area of U.S. family-based immigration law and citizenship law. Heather is a nationally-published immigration author, frequent lecturer on immigration issues, and member & officer of the American Immigration Lawyers Association’s Southern California Chapter. For more information about Heather and the services offered, visit www.humanrightsattorney.com

2,578 total views, 2 views today

Anonymous September 11, 2007 at 1:08 am

Heather,

Some follow up questions for you if you have the time:

Is a permanent resident who obtained residency via employment eligible to file for US citizenship after 3 years of marriage to and living with a US citizen? If yes, when does the clock start ticking?

Same situation, but the USCIS is still dragging its feet with the adjustment and the marriage happens first. When does the three-year clock start ticking in this case?

With residency via employment and reduced citizenship requirements via marriage, is an interview necessary to establish “bona-fide” marriage this as in the marriage petition case?

Harveer July 7, 2011 at 11:55 am

Nice blog dear I like the way as you present your view among the all visitors. I would like to join you again on this blog it’s a very nice visit on this blog. It’s very attractive and effective for visitors. Arya Samaj Mandir in Delhi, Arya Samaj Mandir in Haryana

Previous post:

Next post: