Thailand Residencyvs Us Green Cad

[Mobaan]

As a US green card holder -is it possible to apply for a Thailand residency visa (provided all the requirements are met) and NOT run afowl with the US green card requirements -eg not loose the greencard status?

[InterestedObserver]

I don't see how it's possible to be in two places at once.

Edited November 14, 2010 by InterestedObserver

[CharlieH]

I don't see how it's possible to be in two places at once.

There is no such thing as a residency visa.

[InterestedObserver]

I don't see how it's possible to be in two places at once.

There is no such thing as a residency visa.

True. However, it is possible to apply for Permanent Resident status in Thailand.

[CharlieH]

I don't see how it's possible to be in two places at once.

There is no such thing as a residency visa.

True. However, it is possible to apply for Permanent Resident status in Thailand.

Yes, and a guide to Permenant Residency and the procedure can be found first in the list of pinned subjects in this forum.

[tombkk]

Mooban, that's a good question. Basically, you have to argue how you can be a permanent resident in two countries at the same time.

I think both governments would ask you some questions, and indeed, I would like to hear the answer as well.

[mkawish]

I would assume that it is currently physically, humanly and virtually

impossible for you to satisfy the required physical presence in two places

at the same time.

Or could you do something that most of us couldn't do but wanted to for ions?

[KamnanT]

Of course, yes, it's physically impossible to be in two places at once but that's not the gist of what the OP was asking, which is "Is it possible to hold US Permanent Resident status ("Green Card") and Thai Permanent Resident status at the same time?" The answer is yes, but probably needs some careful timing. I am not completely up to date on the requirements to retain PR in the US, but it does require you to spend a minimum amount of time in the United States each year or you lose your status. Once obtained, Thai PR status does not (currently) require you to be present in Thailand for any minimum period, it simply requires you to have your Certificate of Residence endorsed and a Non-Quota Immigrant visa stamped in your passport once per year, which can only be done in Thailand. So, yes, possible to maintain both as long as you spend at least the minimum period in the US each year and visit Thailand once per annum before your endorsement and visa expire.

Now, in practice a US Customs and Border Patrol officer might spot a fresh Thai Non-Quota Immigrant visa in your passport and, if s/he was knowledgable about such things, this might prompt him or her to query where, in fact, you were residing. But assuming you were spending the majority of the year in the US, you could demonstrate continued entitlement to a Green Card. If, however, you were spending most of the year in Thailand, this could get stickier, but that would be true regardless of your immigration status in Thailand. A friend of mine had his US Green Card but was working in Singapore and spending 9 months a year there. On an arrival in Seattle, a US CBP officer spotted his Singaporean Employment Pass in his passport, checked his US entry and exit dates and basically said, "You're not living here. I'll stamp you in on a visa waiver, but I'm keeping your Green Card - you are no longer a Permanent Resident of the US". My friend protested, but was given the option of waiting in immigration detention while a judge examined the facts in his case (3-4 working days minimum) or surrendering his Green Card. He took the latter option.

Edited November 15, 2010 by KamnanT

[KamnanT]

I found a good summary of the case law on "Maintainance of Lawful Permanent Residence" in the US here: http://www.americanlaw.com/maintlpr.html

It would appear that much is based on the intent of the permanent resident to return (or not) after a temporary absence from the US. It would also appear that a Green Card holder can, before leaving the US, apply for a Returning Resident Permit valid for a period up to 2 years and that this helps to establish the applicant's intention to return after a long absence. Note that it isn't a guarantee of re-admission - that is always at the discretion of the CBP officer, who could conclude based on other factors that permanent residence has been abandoned.

[mkawish]

In the US there appears to be several kinds of Permanent Residence requirements for each kind of PR application.

PR applications thru marriage, special skills, relatives or employment; all seem to have their own separate requirements to satisfy.

In some classes, it requires the applicant to be physically present thru continuous residency in the US for several years.

But then, the new enactments might have changed all that.

Perhaps, it is best to read those requirements yourself so as to avoid gross errors that often occur on Thaivisa.