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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7648
Experience:  Experienced in all aspects of immigration and nationality law.
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I want to know how a green card (permanent residency) can be

Resolved Question:

I want to know how a green card (permanent residency) can be maintained if I've moved out of country to do business.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Thank you for using this service. I'll do my best to answer your questions as completely and honestly as I can. All I ask in return is that you give me a positive rating for my customer service. This is the only way I get credit for assisting you. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.

Please know that I always do my best to help customers come up with a workable solution, but from time to time, the law does not have a good solution. Unfortunately, I cannot change that. I am only here as an information source, so please do not hold bad news against me by giving me a negative rating.

Let me try to better understand what you are trying to do... you want to start a business abroad and live and work abroad?

 

How long do you intend to be abroad, on any single trip time? Do you plan to be outside the US for 6 months or more at a time? DO you plan to be abroad for 1 year or more at a time?

 

And how often and for how long do you plan to come back to the US?

Customer: replied 1 year ago.

Hello


 


My priority date through employment has just become current (still haven't received the green card). I'm wondering if I should take the green card or let it go because now we've moved out of the country and would like to live there. I've started a business there and will shortly open a similar branch in US.


 


I want to know that if I do decide to take the green card then will I be able to keep it- what will I have to do to keep it? Do I have to come back for couple of weeks in every 6 months or do I have to be physically here for 6 months in a year etc.


 


If a quick phone call helps then I can do that.


 


Thanks

Expert:  Expert James replied 1 year ago.
Unfortunately, we are not allowed to connect with customers directly, by phone or email. While we are attorneys, we are not your attorneys, so all of our communications must be done though this service.

As far as presence int he US, it is a combination of both things that you mentioned, as well as your actions, that dictate what happens to your permanent resident status and green card.

Moreover, you actually should be working with the sponsoring employer in the US, since that is the basis on which you got your green card in the first place. So if you do not intend to work for that employer for at least 6 months, but preferable for 1 year, then you are creating a very big risk that you can have your green card revoked anyway. Do you plan to work for this employer at all? Or is your plan to get the green card, and then leave the employer? Because that is not going to work.
Customer: replied 1 year ago.

I've been working with the employer for 9 years and my priority date was in 2007…if I leave them as soon as I get green card then is that still a problem?


 


I don't intend to continue working for the employer and want to continue doing my business abroad. I'll make trips to US for business purpose and since I've house etc here, I can live here for longer time while on the trip but I don't want to live here for 6 months every year. What does immigration officer or USCIS check- if person has stayed for 6 months in a year OR a person comes every 6 months to US?


 


Can you suggest any other way by which I can keep the green card, do my business, make trips to US and how to arrange that so I can keep the green card?


 


Thanks for your advise.

Expert:  Expert James replied 1 year ago.

Hi there,

 

QUESTION: I've been working with the employer for 9 years and my priority date was in 2007…if I leave them as soon as I get green card then is that still a problem?

 

ANSWER: Yes, that remains a problem. The sponsorship and green card are based on a future job offer, not a current or past job offer. So whatever happened in the past doesn't matter.

 

I just want to make sure that you understand that the employment based green card process was created for US companies, when they couldn't find US workers who fit what the company needs. That's why you go through labor certification - to make sure no US workers can fill that position. The employment-based green card program was not created just to give immigrants an opportunity to move to the US with a gren card. That is just a product of trying to fill the needs of employers who can't find US workers. Put simply, the whole point is that a US company needs a worker, and presumably, the immigrant alien is just that worker. So if you are not working for that company who needed you and sponsored the green card on that basis, then you are not entitled to the green card. I know it sounds harsh, but that is the reality of the situation.

 

If you do not intend to work for the company that sponsored you, then you do not qualify for the green card anymore. The company can inform the USCIS that you've left them, and you will receive a Notice of Intent to Revoke your green card.

QUESTION:Can you suggest any other way by which I can keep the green card, do my business, make trips to US and how to arrange that so I can keep the green card?

ANSWER: The only way to keep this green card is if you have another employer sponsor you for the green card in the same or similar occupational category. But obviously, you don't want to work in the US, and so you cannot keep this green card. It simply is not possible, under the law. I wish I could tell you something different, but I can't change what the law says or provides, I'm afraid.

You can try to start an immigrant investor green card for yourself, but that requires you to invest at least $500,000 in a US company, that you run the company, and that you hire at least 10 US workers within 2 years of investing in the company.

So long story short, there are no options available to you that include keeping your green card and not working for the company that sponsored you, or another company in the same or similar occupation.

I'm very sorry - but as I mentioned in my initial response, sometimes the law doesn't always provide the solution a customer wants.

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. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to 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.

Thanks and what if I stick with employer until I get the green card (so they can not notify USCIS) but then leave them after a month. What will I need to do to maintain it?

Expert:  Expert James replied 1 year ago.

QUESTION: Thanks and what if I stick with employer until I get the green card (so they can not notify USCIS) but then leave them after a month.

 

ANSWER: As I mentioned previously, at 6 months of service, you might be okay; but after 1 year of service, you should be fine. Note that it isn't just the employer you have to worry about; if the USCIS investigates or if you intent to apply for naturalization and it is learned that you left the company sooner than 6 months after you started, the USCIS will presume that you never intended to work with the sponsor company, and you can still be issued a Notice of Intent to Revoke the green card.

 

QUESTION: What will I need to do to maintain it?

 

ANSWER: In order to maintain permanent resident status, a person should not be outside the US for 1 year or more without permission. If you are outside of the US for 6 months or more in any given trip, and have also not spent at least half of the year in the US, then it could raise a rebuttable presumption that you abandoned your permanent resident status in the US; you will have the opportunity to show that this is not the case.


Also, if the USCIS, for any reason, believes you no longer intend to live and work in the US, it can issue you a Notice of Intent to Revoke, and you will have to show that you never intended to abandon your permanent resident status and green card. And from what you are describing to me, it sounds like it will be a challenge, since you will have opened a business abroad and basically will be living there.

The overall message I want to instill is that having a green card is always a privilege, granted to you by the US government. It is not a right, and therefore your eligibility can be questioned and potentially terminated.

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. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to 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: 7648
Experience: Experienced in all aspects of immigration and nationality law.
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