Maintaining Lawful Permanent Residence (Green Card) Status.

Green Cards > Employment Based Green Card > Maintaining Lawful Permanent Residence (Green Card) Status.

Some Permanent Green Card Residents have a mistaken notion that they can be considered to be Permanent Residents even if they return to the U.S. for a few weeks every six months. They take into consideration the rule, which says that an alien cannot go out of the US for more than 6 months. Many Permanent Residents have lost their status because they showed no intent to consider U.S. as their permanent home.

Permanent residents who live abroad for a long period of time must continue to file U.S. tax returns as a resident. If the alien does not follow this rule it can lead loss of permanent resident status.

Other important steps include:

1. If the alien is employed abroad by a U.S. company, the alien should file an application to preserve residence for Naturalization Purposes with the USCIS.
2. If the alien has to be out of the US for more than 6 months, the alien should file a Re-entry Permit with USCIS.
3. To maintain a U.S. address, the US address can be the home of a friend or relative.
4. The alien should leave open U.S. bank accounts and continue to operate them. The alien should continue to maintain U.S. credit cards and renew U.S. driver’s license.
5. USCIS will look at the objective facts that indicate the aliens intent, these include:
   1. Purpose of visit overseas.
   2. Length of visit overseas.
   3. The existence of facts indicating a fixed termination date for stay overseas
   4. Fact regarding the alien’s employment whether it is in the US or overseas, length of employment overseas.

For assistance with employment based LPR status please contact the Law Offices of Arjun Verma at (408) 436-1010 or email us at info@avlawoffice.com