How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Judith Your Own Question

Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24947
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
12467490
Type Your Immigration Law Question Here...
Judith is online now
A new question is answered every 9 seconds

i am a U.S. permanent resident since December 2010. I am a religious worker. What is the l

Customer Question

i am a U.S. permanent resident since December 2010. I am a religious worker. What is the law for religoios workers? What is my limitation of staying out of the country without loosing the right to my U.S. Resident status. Could the Immigraion Services revoke my green card if i stay out of the country 10 months? thank you if you can tell me the exact law for my case? thank you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Hello, and thank you for your question!

Please note that I earn my living by helping customers like you. In order to get credit for my work today, I ask that you give me a positive rating for my customer service once you have received all the answers to your questions. Keep in mind that this rating is not based on a satisfactory outcome or the state of the law, which I cannot control. If you feel the need to use "poor service" or "bad service," please ask follow-up questions first, so that I can try to help you further.

A permanent resident can have their status questioned and the green card can potentially be taken away if they are outside of the US for 6 months or more at a time.

So if you are outside of the US for 10 months, you might have your status questioned, and if the officer is not satisfied with your explanation and cannot show that you have strong ties to the US to show you did not abandon your resident status, you could lose your green card.

If you are asked about it, you will have to show proof that you never intended to abandon your permanent resident status, even though you were out of the US for more than 6 months. You can do this by showing you have family ties, continued to file your tax return, have real property in the US, etc. There is no specific list of items, so you can use anything to show your maintained ties to the US.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Customer: replied 1 year ago.


Thank you for your answer.


Has the law changed from a limitation of one year to 6 months?


I had the following information which according to your answer


could be wrong. I was told that in 5 years ( 60 months )


I had to reside in the country more than 15 months.


this could be in five years you may travel 5 times and each time you travel you need to be in U.S for at least three months.


 


would you please give me the Immigration Law that states the 6 months period allowed for me to be out of the U.S.


 


My children are Ammerican citizens and I pay taxes in U.S.

Expert:  Expert James replied 1 year ago.
Aleka,

If you are gone from 0 up to 6 months, you will not have a problem, as this is allowed.

If you are gone from 6 months to 364 days, then your status and intent could be questioned as to whether you abandoned your permanent resident status, as I already explained. And you could lose your status if you can't explain your ties to the US. It is referred to as a rebuttable presumption, meaning the USCIS can presume you abandoned your status, but you can rebut this presumption with evidence to the contrary.

If you are gone 1 year or more, without a travel document (approved I-131), then your permanent resident status is abandoned automatically, by operation of law.

What you describe is not accurate and is written nowhere in the law and is not a guideline issued by the USCIS.

I don't have the law on hand at this time, but the USCIS website supports the information I've given you: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7783
Experience: Experienced in all aspects of immigration and nationality law.
Expert James and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


thank you very much for your information and of course I will rate it very well!.It helped me to know important Immigration laws.

 

I read very carefully your answer to my question and it makes sence.

 

Please could you check for me the following:

 

Since 1988 I was a member and I represented for 23 an American mission board in Europe. I was not an employee.

Since 2011 I am an employee of another American Mission board that requires from me to work in a country outside U.S.for at least 10 months out of each year.

Could a certificate from this mission board justify my travels abroad for such a long period?

Thank you very much.

 

Customer: replied 1 year ago.

Since 1988 I was a member and I represented for for 23 an American mission board in Europe. I was not an employee.


Since 2011 I am an employee of another American Mission board that requires from me to work in a country outside U.S.for at least 10 months out of each year.


Could a certificate from this mission board justify my travels abroad for such a long period?


Thank you very much.


 

Expert:  Judith replied 1 year ago.

Hello,my name isXXXXX you for this opportunity to answer your questions.

 

I am a new expert.

 

Is this a religious mission?

Would you be willing to obtain citizenship?

What are your ties to the US, home, family, retiement accounts, investments?

 

Judith

Customer: replied 1 year ago.

Dear Mrs. Judith,


 


Are you the next expert of Longhorn Lawyers to follow up my question placed yesterday to Just Answer Immigration Law?


Would you please read my initial questions and the answers I received from the previous attorney?


 


Regarding your questions in the box today,


 


Yes I work for an American religious Mission Board. .


 


( Before this I was a member of an American Mission board who I represented in Europe for 23 years but I was not their employee .


 


Yes, I am willing to obtain citizenship.


 


I have my family here in the U.S.



Both of my children are American citizens (by naturalization.)


 


They live in the U.S. for 22 years.


 


I file for taxes in the U.S. since 2011.


 


I do not own property in the U.S.


 


Both of my children own property in the U.S.


 


Though I have a bank account


I do not have retirement accounts in the U.S.


 


thank you for leting me know if family and work are


 


 


enough evidence that one does not intend to


 


 


 


have his green card questioned or revoked.


 


thank you!


 


Aleka


 

Expert:  Judith replied 1 year ago.

There is no law that says that you must have been in the US at least 6 months out of the year.

That is a factor used by the inspectors as a means of establishing whether you have abandoned your status.

They can at your entry in their discretion take your card and refer your case to an immigration judge for the judge to determine whether you have abandoned status based on a TOTALITY of your circumstances.

Factors they would consider are

That you work for an American Mission

That you are a religious missionary

That you have your primary bank account in the US

That your family is here in the US.

 

The USCIS has the burden of proving that you have abandoned your status before a judge will take your status from you.

 

The more relaxed standard is for religious missionaries who file the N-470 to preserve your absence outside the US for naturalization.

http://www.uscis.gov/files/form/n-470instr.pdf

 

The filing of the N-470 is als a factor in your favor that is used in considering your intent to abandon the US residence.

 

There is no special rule for a religious worker permanent resident regarding abandonment other than that you may not be outside the US for more than one year like every one else without obtaining the re-entry permit.

 

Judith

Customer: replied 1 year ago.

Hi Judith,


 


Thank you for your answer. I am a little confused about the payment though. I thought my questions were being answered by a single organization. I paid $45 which apparently was only for Longhorn Lawyer's incomplete answer? Now, to rate you, the system wants another $45. How does this work? Are you not the same organization? I was hoping Longhorn Lawyer would answer my questions accurately and completely like you did. Let me know what I need to do now. I don't want to defraud you but I was not prepared to pay $90.


 


Thank you very much,


Aleka

Expert:  Judith replied 1 year ago.

Your money is only on deposit until your rate the expert.

You never rated Longhorn so you are able to rate me and not be charged again.

Neither he nor I have been compensated as of yet for your work and if you rate my answer that authorizes JustAnswer to release my earnings to my account.

You are always welcome to call customer service to get clarification on how our payment system works.

We both work under the umbrella of JA as contractors.

 

Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24947
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear Judith,


 


I rated you in the box above with the little "Excellent Service"


face.


What do I need to do please


so that you may be paid for your answer?


I do not have access to a computer all the time.


thank you


Aleka .


 

Expert:  Judith replied 1 year ago.
Once you rate (thank you) your funds are released and I am paid by JA.
All the best.
Judith
Customer: replied 1 year ago.

Mrs. Judith,


I have rated you in the box above.


thank you,


Aleka

Expert:  Judith replied 1 year ago.
All the best.
Judith

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
  • http://ww2.justanswer.com/uploads/GE/GeorgetownLawyr/2011-6-16_115959_MeatOffice.64x64.JPG Georgetown Lawyer's Avatar

    Georgetown Lawyer

    Immigration Lawyer

    Satisfied Customers:

    8543
    10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Immigration Lawyer

    Satisfied Customers:

    3550
    Knowledgeable and experienced immigration lawyer.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2889
    Private practice in several areas, including immigration
  • http://ww2.justanswer.com/uploads/Assielle/2008-12-13_165256_2_edited.jpg Law Girl's Avatar

    Law Girl

    Lawyer

    Satisfied Customers:

    451
    My law firm practices immigration law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    238
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/VI/Vilnius100/2012-7-12_193419_Gintare.64x64.JPG Gintare Grigaite's Avatar

    Gintare Grigaite

    Immigration Attorney

    Satisfied Customers:

    185
    Expert Immigration Attorney
 
 
 

Related Immigration Law Questions

Chat Now With An Immigration Lawyer
Judith
Judith
Immigration Lawyer
24947 Satisfied Customers
34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.