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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95945
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Dear Sir \ Maam I am a Green Card holder lived in the States

Customer Question

Dear Sir \ Ma'am

I am a Green Card holder lived in the States about 2 Years. I established export car licence. My business is buying cars from the US and sale them in Dubai. I will be going to Dubai to sale the cars and come back again to buy more cars. I will live about 1 or 2 months in Dubai and about the same in the States. I have a car registered in the State. I have insurance on my car. I have a credit card that my wife and I using. I have apartment less in the States. and my 2 Kids are living with my wife. What is the best way to do in order to keep my resident card working and apply for the citizenship? I understand that, I have to live in the States 5 Years, and I have to live in the US more time than what I spend outside.
Please help me on that, Because this is the only business I know and I can handle. By the way I came to the US under the SIV program. Special immigration Visa, for the people who worked for the US army. I wish you can help me on that.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.

This is a problem. A Lawful Permanent Residency is for someone that intends to permanently reside in the U.S. and is actually doing so. Not for someone that is just coming to the U.S. to visit from time to time.


Anyone that is a Lawful Permanent Resident (LPR) and is outside of the U.S. for 180 days or more within any 12 month period (not necessarily calendar year) creates a rebuttable presumption of abandonment of residency. That presumption can be rebutted by evidence to the contrary such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage or rent, maintaining a U.S. drivers license, U.S. bank accounts with significant movement, etc.


Someone that has been outside of the U.S. for more than 1 year without first having an approved re-entry permit has abandoned their residency and only in very few exceptions (such as serious illness) can they get it back.

So you will need to file for an I-131 Re-Entry Permit BEFORE you leave the U.S. and at least be in the U.S. to have your fingerprints taken. This will allow you to be outside of the U.S. for up to two years without losing your Residency status.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95945
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear sir

Thank you for you reply. So if I file I-131, I will be able to stay up to 2 years outside the states, what about the citizenship when I apply for the citizenship they will count these 2 years, or I have to stay again 5 years.

When I file I-131, I have to stay outside the states 2 years one time, or I can go and comeback every 2 months. Because I have to came back to the states to buy the cars.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Yes and no. Yes, you can stay outside up to 2 years and NOT lose your Residency status, but that does not preserve continuity of Residency for naturalization purposes. So when you finally come back to the U.S., you will have to wait a number of years, probably 4, to apply for U.S. Citizenship. You get to count one year to meet the requirement.
Customer: replied 1 year ago.
Ok, thank you for your help. That was really helpful information.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
You are very welcome. Good luck to you.

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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
95945 Satisfied Customers
10+ years of experience in various aspects of U.S. Immigration Law.