Green Card Rules

[changintimes]

Hi,

does anybody know how long my friend can leave the United States with her Green Card ?

does she have to leave Thailand and come back to the United States within 6 months ??

Edited July 16, 2011 by changintimes

[Phatcharanan]

If you apply for (and receive) an advance parole, you can leave the country for up to one calendar year - the actual date you have to return will be stated in your parole documentation.

To maintain permanent residency, however, you must reside within the US for a minimum of 3 years out of 5, with no single case of leaving the country lasting more than 6 consecutive months (except for the advance parole case, where you are allowed ONE case of up to 12 months in the 5 year span).

As long as you reside in the US for more than 183 days (total) in a three year span (counting all days in current year, half of previous year's, and one third of two year's ago), you are considered a resident for taxation purposes. This means you are taxed at US rate on worldwide income, regardless of where you actually reside at the moment.There is a tax treaty with Thailand

Edited July 16, 2011 by Phatcharanan

[taxout]

The above tax advice is plain wrong -- dangerously wrong. If the friend holds a green card, then the friend will be considered a resident alien for U.S. Federal income tax purposes and be subject to tax on worldwide income just like a U.S. citizen, regardless of physical presence inside or outside the U.S.

"You are a resident alien of the United States for tax purposes if you meet either the green card test or the substantial presence test for calendar year 2010. . . Green Card Test: You are a resident for tax purposes if you are a lawful permanent resident of the United States at any time during calendar year 2010. . . .You are a lawful permanent resident of the United States at any time if you have been given the privilege, according to the immigration laws, of residing permanently in the United States as an immigrant. You generally have this status if the U.S. Citizenship and Immigration Services (USCIS) (or its predecessor organization) has issued you an alien registration card, also known as a 'green card.' You continue to have resident status under this test unless the status is taken away from you or is administratively or judicially determined to have been abandoned."

http://www.irs.gov/p.../p519/ch01.html

I'll let others address any problems with the immigration law advice given above.

[partington]

The above residency requirement advice is also plain wrong. Do not trust it.

Although the application for a re-entry permit does allow you to leave for a year, if you have not applied for one of these, leaving the US for a period of one year will invalidate your green card as an automatic entry document. Even if you leave for less time than that e.g. 6 months, in the absence of a re-entry permit the immigration officer at port of entry can and usually will question the returnee about their personal circumstances and intentions, and if in their opinion and at their discretion you have abandoned your intention to reside in the US (e.g. no job, bank account , house, family in US etc,) they are within their rights to refuse you entry.

[daboyz1]

If you apply for (and receive) an advance parole, you can leave the country for up to one calendar year - the actual date you have to return will be stated in your parole documentation.

To maintain permanent residency, however, you must reside within the US for a minimum of 3 years out of 5, with no single case of leaving the country lasting more than 6 consecutive months (except for the advance parole case, where you are allowed ONE case of up to 12 months in the 5 year span).

As long as you reside in the US for more than 183 days (total) in a three year span (counting all days in current year, half of previous year's, and one third of two year's ago), you are considered a resident for taxation purposes. This means you are taxed at US rate on worldwide income, regardless of where you actually reside at the moment.There is a tax treaty with Thailand

Bolded part is wrong. Advance Parole is for people that have NOT received their green card yet. I think what you meant to refer to is a re-entry permit. Although the same form is used, you will need to check box 2a on the I-131. If you don't have your green card yet, but have applied for it, you check box 2d.

http://www.uscis.gov/files/form/i-131.pdf

[daboyz1]

The above tax advice is plain wrong -- dangerously wrong. If the friend holds a green card, then the friend will be considered a resident alien for U.S. Federal income tax purposes and be subject to tax on worldwide income just like a U.S. citizen, regardless of physical presence inside or outside the U.S.

"You are a resident alien of the United States for tax purposes if you meet either the green card test or the substantial presence test for calendar year 2010. . . Green Card Test: You are a resident for tax purposes if you are a lawful permanent resident of the United States at any time during calendar year 2010. . . .You are a lawful permanent resident of the United States at any time if you have been given the privilege, according to the immigration laws, of residing permanently in the United States as an immigrant. You generally have this status if the U.S. Citizenship and Immigration Services (USCIS) (or its predecessor organization) has issued you an alien registration card, also known as a 'green card.' You continue to have resident status under this test unless the status is taken away from you or is administratively or judicially determined to have been abandoned."

http://www.irs.gov/p.../p519/ch01.html

I'll let others address any problems with the immigration law advice given above.

To add to that, I lived in Thailand for 3 years without coming back to the US. I was on the hook for all taxes while I lived in Thailand. However you can deduct any foreign taxes paid.

[BB1955]

Its my understanding that any greencard holder that does not aply prior to departing the US and stays outside the US for 1 year there green card is no longer valid . Please correct me if Im wrong . As far as taxes the goverment will take any tax money ....

[daboyz1]

Its my understanding that any greencard holder that does not aply prior to departing the US and stays outside the US for 1 year there green card is no longer valid . Please correct me if Im wrong . As far as taxes the goverment will take any tax money ....

That is correct. They consider that abandoning permanent residency.