Loss Of Green Card Due To Travel?

[flying]

Hi all

Just curious but my wife & I did not know about this till we read it on another post.

We see now that once you have a green card if you leave for more than a few months ( to go back to visit in wifes country )

That you could have re-entry problems. Even though the law states more than a year absence they can refuse re-entry even if your gone say 6 months.

Is this correct?

Is this only a condition of a new green card (conditional) or is it the same for all permanent residents green card holders? Even the 10 year types?

We see they discuss forms N-470 if working outside USA but we just would like to spend part of the year in her home country too. Not for work.

I am a self employed contractor so am able to travel part of the year but we did not know about this possibility of losing her green card.

We also see the I-131 & hope this is not something that has to be filed each time we travel.

Any info on this matter would be appreciated.

Thank You

[taxout]

The basic rule is that you can lose your green card at any time if you abandon your intent to permanently reside in the US, no matter how long you've held it. Absence from the US, even if less than a year, can be one factor among others in assessing your intent.

"You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa.

However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year."

USCIS Site

This law firm site has a more detailed explanation of the ins-and-outs of the rule:

www.quanlaw.com

Edited June 17, 2008 by taxout

[flying]

USCIS Site

This law firm site has a more detailed explanation of the ins-and-outs of the rule:

www.quanlaw.com

Thanks!

Yes I saw that on the USCIS site buit that other site is good too.

YOu know that makes it kind of tough if your older like us & like to return to her home land once a year.

Or even split our time equally.

Yet if you become a US citizen no problem......except youcan no longer own land in Thailand & you even need a visa to visit?

Man tough

[Thanyaburi Mac]

USCIS Site

This law firm site has a more detailed explanation of the ins-and-outs of the rule:

www.quanlaw.com

Thanks!

Yes I saw that on the USCIS site buit that other site is good too.

YOu know that makes it kind of tough if your older like us & like to return to her home land once a year.

Or even split our time equally.

Yet if you become a US citizen no problem......except youcan no longer own land in Thailand & you even need a visa to visit?

Man tough

Nah, she can become a U.S. citizen  and still maintain her Thai passport, not a problem for travelling, or for land ownership these days in Thailand.  The  Thai law on that changed 10 years back or so.

FYI, I have a Thai friend, he and his Thai wife are thinking of just giving up their green cards (INS/CIS Form 407) and applying for 10-year tourist visas so they can visit their daughter and grandkids in Stockton CA when ever they want to, yet stay for extended periods in Thailand.  That way they'd not be hassled by U.S. immigration guys and gals on arrival in the U.S. as to why they're spending so much  time in Thailand.  One reason they gave me is cost of medical, they're getting on in years and need such more frequently.

Mac

[flying]

USCIS Site

This law firm site has a more detailed explanation of the ins-and-outs of the rule:

www.quanlaw.com

Thanks!

Yes I saw that on the USCIS site buit that other site is good too.

YOu know that makes it kind of tough if your older like us & like to return to her home land once a year.

Or even split our time equally.

Yet if you become a US citizen no problem......except youcan no longer own land in Thailand & you even need a visa to visit?

Man tough

Nah, she can become a U.S. citizen and still maintain her Thai passport, not a problem for travelling, or for land ownership these days in Thailand. The Thai law on that changed 10 years back or so.

FYI, I have a Thai friend, he and his Thai wife are thinking of just giving up their green cards (INS/CIS Form 407) and applying for 10-year tourist visas so they can visit their daughter and grandkids in Stockton CA when ever they want to, yet stay for extended periods in Thailand. That way they'd not be hassled by U.S. immigration guys and gals on arrival in the U.S. as to why they're spending so much time in Thailand. One reason they gave me is cost of medical, they're getting on in years and need such more frequently.

Mac

Thanks Mac that is interesting..................

So there is no problem if she becomes US citizen as far as owning land is concerned?

Almost like Thailand is allowing dual citizenship even if US is not.

The ten year visa is a interesting idea too but since I am a US citizen I would always have the possibility of returning & we would be afraid to abandon her green card.

The medical reasons you mention are big ones in our mind too for later in life.

Although I am 51 already so maybe not too much later

Thanks

[AnnyLing]

Thailand is allowing dual citizenship even if US is not.

Why do people who have no idea of nuttin' insist on making false statements?

[vinny]

See also Dual Nationality and Dual Citizenship FAQ: Dual Nationality and United States Law.

[flying]

Thailand is allowing dual citizenship even if US is not.

Why do people who have no idea of nuttin' insist on making false statements?

Re-read & see the 2 important words you left out

Almost like Thailand is allowing dual citizenship even if US is not.

Welcome to the Forum AnnyLing

Edited June 18, 2008 by flying

[flying]

See also Dual Nationality and Dual Citizenship FAQ: Dual Nationality and United States Law.

Thanks Vinny good info there.

See now I have read so many times Dual Nationality is not allowed in US but that shows other wise.

Thanks