Lost Work and Temporarily Returning Home

[st11x]

Hi,

I was laid off just after my spouse and I got our green cards. It's been almost a year and we are still unemployed, so we intend to return home for now to find work.

If we do not do anything, when will our green cards be canceled? Should I find work, wouldn't it benefit the US too since I will also be paying US taxes from overseas? So there is no "reason" or "motivation" to cancel our green cards?

We still want to return at some point later, but it could be many years from now.

Hope to hear from someone with similar experience.

Thanks
Matt

[inadmissible]

Should you find work while a bona fide resident of a foreign territory, much if not all your income will be excluded from United States income under the Foreign Earned Income Exclusion

That is beside the point, statutes and regulations of the United States apply as promulgated; they don't apply equitably to further public policy

In your case, if you intend to relinquish your permanent residence in the United States, you should accept the consequence that your permanent residency might be deemed abandoned. You can (and should) obtain a re-entry permit, but there are only so many times they will let you renew it without demonstrating strong ties to the United States eg working for American interest

As an aside, the economy is booming, in particular in urban areas and coastal states. Have you considered moving within the country, as apposed to moving abroad?

[newacct]

Hi,

I was laid off just after my spouse and I got our green cards. It's been almost a year and we are still unemployed, so we intend to return home for now to find work.

If we do not do anything, when will our green cards be canceled? Should I find work, wouldn't it benefit the US too since I will also be paying US taxes from overseas? So there is no "reason" or "motivation" to cancel our green cards?

We still want to return at some point later, but it could be many years from now.

Hope to hear from someone with similar experience.

Thanks
Matt

You are a permanent resident and your "home" is the US. There are many people in the US who are unemployed; you are just one of them. Just ask yourself, what would some other American in your situation who has been unemployed for a while do, and do the same thing.

If you leave, your "green card" doesn't get "cancelled" -- rather, you cease to be able to enter the US as a permanent resident if you have "abandoned residence". However, whether you have "abandoned residence" is a subjective determination that depends on many factors -- you don't know whether you have abandoned residence for sure unless 1) you voluntarily signed I-407 to relinquish permanent residency, or 2) you try to enter and are denied entry for having abandoned residence, and you refuse to voluntarily relinquish, and the immigration judge in removal proceedings also rules that you have abandoned residence.

Note that until you either voluntarily sign the form to relinquish permanent residency, or you receive a decision from immigration court that you have abandoned residency, you remain a resident alien for tax purposes (meaning you are subject to US taxes on your worldwide income no matter where you live). Even if you have left the US for so long and cut ties so completely that no officer or judge will think you haven't abandoned residency, and even if your plastic card is expired, you still remain subject to US taxes, forever, until you either voluntarily relinquish or receive a final determination that you've abandoned residence.

[st11x]

Thank you for your comments. Sorry I didn't see them earlier, didn't realize I have to subscribe to the thread to get notified.

We are still in here in the new year. Looks like we'll have to give a deeper thought to this if I do receive an overseas job offer.

As an aside, the economy is booming, in particular in urban areas and coastal states. Have you considered moving within the country, as apposed to moving abroad?

We are open to relocating across the country, but again, I haven't been successful with the interviews. Haven't given up though.

Just ask yourself, what would some other American in your situation who has been unemployed for a while do, and do the same thing..

The American citizen has more social safety nets available to tap on. We could get more help back home even while job hunting, hence the thought.

There's also the question about the ACA if we have to keep the health plans given that we are no longer going to be able to use them. I read that if you are overseas less than 330 days in a year, then you have to maintain them. That is an additional expense.

Matt