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  • Maintain the Green Card being Abroad

    Hello Everyone,

    I'm receiving my Green Card in the next few days and, working in an international company, I have the opportunity to work in several projects worldwide, most of the times requiring my physical presence there (for 8-12 months). During this time, I can of course return to the USA since I will own a house and will need to go through reviews and meetings there as well.

    My question is whether continuing to work for this company and being abroad will hurt me in any way towards naturalization and what can I do to avoid such hurting.


  • #2
    It will probably mean that you will have to wait longer before you are eligible to apply due to the physical and continuous presence requirement. Each 6+month trip out of the US will likely reset your clock.

    https://www.uscis.gov/policy-manual/...naturalization.

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    • #3
      Originally posted by Settler7 View Post
      Hello Everyone,

      I'm receiving my Green Card in the next few days and, working in an international company, I have the opportunity to work in several projects worldwide, most of the times requiring my physical presence there (for 8-12 months). During this time, I can of course return to the USA since I will own a house and will need to go through reviews and meetings there as well.

      My question is whether continuing to work for this company and being abroad will hurt me in any way towards naturalization and what can I do to avoid such hurting.
      Yes it will hurt you.

      Any absence of 181 days in the 5 years before you apply to naturalIze will make you ineligible.

      Fewer that 5*365 / 2 = 913 days of physical presence in U.S. in that 5 years will make you ineligible.


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      • #4
        Thank you very for your replies.

        If, however, I come back every 4-5 months and stay for a week or two, this won't create any issues with maintaining my Green Card and potentially expanding it?

        How long can I maintain the permanent resident status this way?

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        • #5
          Technically you could lose your GC using that method if the Government wanted to enforce the rules. Basically for every calendar year you are meant to be in the USA for at least half of that (minimum of 6 months). If you are not maintaining this then the Government can see that as you abandoning your residency as your life is no longer in the US. More likely it just means your citizenship timeline is being continually reset.

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          • #6
            Originally posted by okccanary View Post
            More likely it just means your citizenship timeline is being continually reset.
            How about GC renewal? For a person NOT interested in citizenship, does frequent < 6 months overseas visits, affect his GC renewal?

            What are the factors considered for GC renewal? Please advise.

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            • #7
              Originally posted by okccanary View Post
              Basically for every calendar year you are meant to be in the USA for at least half of that (minimum of 6 months).
              There is no such rule.

              This is my personal opinion and is not to be construed as legal advice.

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              • #8
                Originally posted by newacct View Post

                There is no such rule.
                My bad, appears im confusing the requirements for naturalization with that with Greencard.

                "An applicant for naturalization has the burden of establishing that he or she has complied with the continuous residence requirement, if applicable. Generally, there are two ways outlined in the statute in which the continuity of residence can be broken:[9]
                • The applicant is absent from the United States for more than 6 months but less than 1 year; or
                • The applicant is absent from the United States for 1 year or more.
                ​An LPR’s lengthy or frequent absences from the U.S. can also result in a denial of naturalization due to abandonment of permanent residence." - https://www.uscis.gov/policy-manual/...rt-d-chapter-3

                But, in my head if taking frequent trips out of the USA can be considered giving up permanent residence status then surely not doing that must be one of the requirements to keep it?! aka if staying 6+ months out could potentially been seen as abandoning it then in reality you are suppose to be in the US for 6 months. Otherwise it would be impossible to abandon your GC.

                My sister in law works for Google in Japan and is in the US at least a month every year but is not eligible for a GC because the majority of the time she is living in Tokyo even though she is working for an American Company. Using the example above. If they are only in the USA a maximum 3-6 weeks a year can they really argue their life is in the US especially when its not even an American company they work for. If an Officer wanted to be a stickler at the border they could interrupt that this person no longer lives in the US due to 90+% of the time they are not there or work there. In theory my Sister in Law spends more time in the US than the poster does.

                I will admit I am away over cautious! and 99% of the time the poster will be fine.
                Last edited by okccanary; 06-02-2023, 11:40 AM.

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                • #9
                  Originally posted by Kudla View Post

                  How about GC renewal? For a person NOT interested in citizenship, does frequent < 6 months overseas visits, affect his GC renewal?

                  What are the factors considered for GC renewal? Please advise.
                  I am no expert just giving opinion. You should be fine. I would not be shocked to hear that the folks doing the renewal process just cash the check and send the updated GC. It appears from reading in forums the only time you MAY have a problem is when you reenter the US at border control. However, from other people experiences that I have read it appears that the officer gives the person a warning saying they have flagged their passport and they should not leave the US for an x amount of months otherwise they will consider that you abandoned residency. At that point I would follow exactly what the officer said before leaving the US again.

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