Question:

I just got my US green card but will be leaving the US. I have a severe family emergency in my country......?

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What can I do to avoid losing my status since I will be out of the US for at least 2 years,

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  1. You must file Form I-131 with the USCIS BEFORE leaving.  If approved it will allow you to remain outside the US for up to 2 years, and not one single day longer.

    You must file US Federal Income Tax returns at the US embassy while outside the US on any income you earn.


  2. Nothing. You will lose your satus after 6 months

  3. Individuals granted lawful permanent residence status in the U.S. and issued an Alien Registration Card (aka "green card") are expected by the U.S. government to be living in the U.S. That being said, U.S. residents are allowed great flexibility in departing the U.S. for extended periods, and sometimes for as long as two years.

    But inevitably, problems arise when the extended visits outside the U.S. are frequent and successive, or get really extended.

    In general, a lawful permanent resident is allowed to travel outside the U.S. for a period of up to one year without any special documentation other than his green card.

    If the lawful permanent resident applies for a Re-Entry Permit prior to departing, he will be eligible to depart the U.S. for up to 2 years - just so long as he is in possession of the permit prior to reentering.

    BUT

    If a permanent resident makes extended visits outside the U.S. in successive years, he takes the chance that his green card will be taken from him upon trying to reenter.

    For example, a permanent resident who leaves the U.S. for 11 months in 2004, 11 months in 2003 and 11 months in 2002, is likely to be greeted quite nastily by the U.S. immigration inspector when he tries to reenter the U.S. in 2005 after his yearly 11 month "visit" outside the U.S. That is because it is the job of the inspector to determine if the green card holder is really living in the U.S. or only a visitor to the U.S.,

    but just enjoys the convenience of a green card. This permanent resident will likely be stripped of his green card after his 2005 trip, and if not, definitely after his 11 month trip in 2006.

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