Q & A August 21, 2005

Q & A 1.


Q&A 1.

Moves that May Put Odds on Your Side of Keeping Green Card in Cases of Long Overseas Stays

Chao Reader from Taiwan:

In 9/2000, I received my green card and lived in the U.S. for about one year. Because I could not find suitable job in the U.S., I went back to Taipei. Since 8/2001, I came in and out of U.S. many times (each time stayed for 7-10 days). One time, I came back in using advance parole (left the U.S. for about 1.5 years), the other times, I left the U.S. for less than 4-5 months. The recent entry (4/05), I was asked many questions by the immigration officer, including the reasons, period and activities for the departure), then the officer wrote “ADV RES REQ” and “OUT OF 5 MOS” on my passport. My questions are:
1. What did it mean?
2. Will the officer confiscate my green card or deny my entry when I come back in next time?
3. I have worked for a relative (who is a U.S. citizen and has a company in the U.S.) in Taiwan as a sales marketing employee. Can I ask this relative issuing me an oversea employee certificate and paying taxes in the U.S. to avoid above problems?

Dear reader:

1 The words on your passport mean that the next immigration officer that you encounter coming back to the States will know that you were advised of the residence requirement. Under U.S. law, a permanent resident (with some exceptions) should reside in the U.S. for at least half of the year.

2 There is a possibility that if you continue residing in Taiwan only periodically visiting the U.S. for short periods of time, your green card will be confiscated and you informed that an immigration judge will decide your ability to keep the green card if you decide to fight for it rather than giving it up at the airport and immediately departing.

3 I do not believe that the simple device of your relative's issuing you an overseas job certificate and paying taxes in the U.S. would guarantee no future problems at the U.S. port of entry. However, applying for another reentry permit and showing that you pay U.S. taxes and have ties and bonds in the U.S. such as immediate family members, bank accounts, real property, personal property, drivers license and other U.S. identity cards, credit cards, and memberships in clubs and associations in the U.S. might help to preserve the green card.

 

Copyright © 2003 - 2005 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.