Taking a chance on losing Permanent Residence

Last week we received an inquiry about a woman who is not clear about what a Green Card is for. She seems to think it’s for tourism rather than remaining permanently in the US.
 
A few months after immigrating to the US, she returned to Vietnam for a six month stay. Then she came back to the US, stayed for only one month, and returned to Vietnam again. Her relative asked us what CIS will do if the woman continues to spend so much time in Vietnam.
 
The answer is that US Immigration will be looking at the woman’s intent. They will try to decide if she really wants to be a permanent resident of the US or if she is just using the Green Card because it’s more convenient than applying for tourist visas. If she has frequent absences from the US, Immigration could decide that her permanent resident status should be cancelled.

This lady’s relative also asked if she needs to get a Re-Entry Permit for a stay in Vietnam of more than a year. We told the relative that a Re-entry Permit allows a Permanent Resident to remain outside the US for more than one year, but less than two years. But it is important to keep in mind that every time a permanent resident returns to the US after a lengthy period abroad, CIS has the right to question intent and also the right to confiscate the Green Card.

A Re-Entry permit cannot be renewed or extended while the person is abroad. After two years abroad a new permit will be required and the application must be submitted while the person is in the US.
 
Will long or frequent absences affect this lady’s application for citizenship? To apply for citizenship, the applicant must have spent five years in the US. Some absences are allowed, but usually anything more than six months abroad will be added to the five years residence requirement.
 
For the frequent traveler, the most important thing is to be able to show CIS that there is firm intent to be a permanent resident. This can be demonstrated by limiting trips abroad to less than six months each trip. There should also be evidence showing the usual items that a permanent resident would have, such as a US bank account, credit card, driver’s license, insurance policies, and proof of property purchase or rental agreement. In short, CIS wants to see that the permanent resident is firmly established in the US and intends to make the US his or her permanent home.
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Q.1. If a permanent Resident’s stay in Vietnam needs to be extended beyond one year, can s/he apply for a Re-entry Permit while outside the US?
 
A.1. The re-entry permit application requires biometrics (photo and fingerprints) done at a CIS facility in the US. Therefore, the application can only be submitted while the person is in the US. However, the person can leave the US after applying, and receive the permit while abroad.
 
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Q.2. According to CIS, what is the exact amount of time a permanent resident must remain in the US to avoid losing the Green Card?
 
A.2. There is no exact amount of time in the CIS regulations. CIS will look at both the time abroad, and evidence that is presented to show that the permanent resident intends to reside permanently in the US.
 
 
ROBERT MULLINS INTERNATIONAL www.rmiodp.com
Immigration Support Services-Tham Van Di Tru

9070 Bolsa Avenue, Westminster CA 92683 (714) 890-9933 
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