On Sun, 24 Oct 2004 03:00:37 -0700, Dude Mahan wrote:
> Well, I need the flexibility of returning to the US around once a
> year, at least for now. My personal situation could change in 2 or 3
> years, and I may then be able to spend most of my time in the US.
Sounds like a reentry permit is for you then. A reentry permit is designed
for just this kind of scenario: multi-year but still temporary absences
from the USA.
> In the meantime, I want to hang on to the GC that I won with so much
> of blood, sweat and tears.
Understandable.
> Interesting advice about the reentry permit: what happens if I apply
> for a reentry permit and leave the US, and wish to return after say 18
> months and the reentry permit has not yet been issued? Would the
> reentry permit application itself suffice to convince the authorities
> at the PoE to let me in?
Technically, no. In practice, though, it probably would be enough. The
rule about losing the GC after one year is, contrary to common belief, not
automatic. In fact, I have heard of at least one case where somebody was
absent from the US for six years, and then returned showing his GC. The
officer failed to ask for how long he had been outside the USA. At that
point, he became "untouchable" by the law.
Having filed for a reentry permit is pretty strong evidence
that you did *not* intend to abandon your US residency.
> Also, how effective is the reentry permit ? If you have it, can you
> enter the US with absolutely no questions asked ?
No. You still must show that you retain a US residence and never intended
to move out of the USA, etc. It's just that it is much better proof, and
also buys you an extra year or two before there will be problems.
By the way, do remember to keep filing your US tax returns as resident.
Filing as non-resident (or failing to file if you are required to) is
considered evidence of abandoning your intent to remain a resident.
--
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