How to keep the US green card valid while living in China?

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JLD2006

Newbie

Joined: Aug 20, 2005
Posts: 7

Status: Offline

Posted: Aug 20, 2005 - 05:29 AM
Post subject: How to keep the US green card valid while living in China?

Hello,

I am wondering if anyone has any advice on how to keep the permanent residence status in the US valid while living in China. I am about to move to Shanghai from the States. Is there any way not to lose my green card if I want to live in China for 2-3 years?

Any suggestions would be appreciated!

Thanks,

JLD

chingy

Talker

Joined: June 03, 2005
Posts: 102

Status: Offline

Posted: Aug 20, 2005 - 09:16 AM

You can either apply for citizenship (if eligible) before leaving the US. Or you can apply for a re-entry permit

Reentry Permit - A reentry permit allows a permanent
resident or conditional resident to apply for admission to the
United States upon return from abroad during the permit's
validity, without having to obtain a returning resident visa from a U.S. embassy or consulate.

I think the valididty is for two years from date of application.

You can get more infor by downloading "I-131 Application for Travel Document" for the ins website.

It basically comes down to paper work and giving money to the INS. In my experience Immigration attorneys will be glad to offer you some general advice and information for free.

I don't think you need to rentry permit if you can prove that you didn't abandon your US residency (i.e. you still have a house in the US, file taxes, etc.) I think it also helps if you have been working for an American company while abroad.

I am a US citizen but my wife has green card. I think we will visit the states 1 time a year so we didn't bother applying for the re-entry permit.

Good luck.

Alexinchina

Lurker

Joined: Sep 16, 2004
Posts: 31

Status: Offline

Posted: Aug 20, 2005 - 09:59 AM

Yeah, this can be a real pain. Once you get to the US after being out for a while they will ask how long you have been away (we were advised that if it was over 6 months they may turn you away and after a year it can become a real problem). The last few times I have had a re-entry permit but the immigration guys at point of entry had no idea what it was. They've always let me in and I'm sure their higher ups know what it is though. Also, the re-entry permits that I have been issued are only valid for a year after application and take somewhere in the region of 6-9 months to be issued which means you hold the permit for about 3 months and probably have to make a trip back to the US in that time to be safe.
I've had my Green Card for about 2.5 years and my husband has been ex-pat-ed all that time (contracts keep getting extended) and have basically had to go back to the US every 6 months.

The other thing you have to be aware of is that sometimes an airline can decide that you will probably be refused entry into the US and decide not to allow you onto the plane (although they have never blinked when I've flown from China).

This all sounds negative but mostly it's just a case of jumping through INS hoops. We got my husbands company to pay all the lawyer fees, INS fees and airfares it takes for me to keep my Greed Card as part of his package because it is an expense we would otherwise not have...

shinpath

Seeker

Joined: Aug 05, 2005
Posts: 48
Location: Osaka Japan & Shanghai PRC
Status: Offline

Posted: Aug 20, 2005 - 10:21 AM
Post subject: Keeping a green card

[quote="Alexinchina"]Yeah, this can be a real pain. Once you get to the US after being out for a while they will ask how long you have been away (we were advised that if it was over 6 months they may turn you away and after a year it can become a real problem).

6 months is too much, just get back within one year and touch base. BTW Hawaii and Guam count for US soil here.