Got green card-do not loose rights

[Susie]

Hi

If you have your green card, be careful it is not taken away from you and or revoked




For maintaining PR status see:

http://www.uscis.gov/graphics/howdoi/PermRes.htm

http://www.immihelp.com/greencard/retain-greencard.html

For citizenship eligibility and application process read "A Guide to Naturalization"

http://www.uscis.gov/graphics/services/natz/guide.htm

To maintain the PR status your primary place of work and residence must be in the U.S. In general it is not enough to live abroad, but own a house in the U.S. and visit it occasionally.

You are also required every year to file a U.S. resident individual income tax return, on your woldwide income. (It is not sufficient to file a business income tax return for a U.S. business that you own).

To apply for naturalization, the two basic requirements are continuous presence and physical presence.

The continuous presence requirement basically (there are some exceptions) says that during the 5 year period prior to applying for naturalization you must not have taken any trip outside of the U.S. that lasted more than 6 months.

The physical presence requirement basically says that during the 5 year period prior to applying for citizenship you must have been present in the U.S. for at least 30 months.

[Kitty]

Hi

Should you have to go abroad for longer than 6 months you should apply for a re entry permit before leaving the USA

[Susie]

Hi Kitty

Yes you are correct.

This can cause a problem though

Say a family member is ill in your home country so you go and visit for a few months. The the sistuation gets worse and you need to stay and could then find yourself in a position whereby your green card is at risk

To apply for a reentry permit may take many months by which time it may well be too late and end up visiting just for a funeral

This really is another reason why a compassionate visa is needed but in reverse

[Ron]

Hi

How the heck are you supposed to know when a family emergency is going to happen and so how could you apply for it ?

Should anyone need to go back to home country they should be able to just jump on a plane, see their loved ones first

Then book appointment at American embassy and get a compassionate re-entry permit

My wife has elderly parents so we never know what and when we may need to just take off

Ahhhhhhhhh makes me so mad

[GKG]

"You are also required every year to file a U.S. resident individual income tax return, on your woldwide income." - so how does one file this return - on the net?

Thanks
GKG

[Susie]

I am sure you should be able to e-file your tax return. I have an accountant (CPA) who does this for me

[haytonmac]

hi,we too have a cpa that files our returns and to be honest I reckon its the only way to try avoid a hassle with IRS etc

[GKG]

Hi

Any saimple free software available on the net to calculate the tax etc before actually filing the returns?

Thanks

GKG

[GKG]

Hi Sue

What would your CPA charge to file returns for someone? Right now we have no income in the US - but we need to file on our world wide income.Right?

Thanks
GKG

[Munish]

Don't forget to file both you Federal tax returns (1040 (and make sure it is not 1040NR, which applies to non-residents)) and the State tax returns in your State of residence as well.

[haytonmac]

GKG did you file for an extentsion before April 15th? I hope so .Also if you know/knew you will/would have to pay the IRS then /will need to make a payment on account .Hopes this helps ..even if its a little late

[anniefromessex]

I thought that once you had a Green Card you could even shut down the business you have over here - and just retire. Obviously wrong. Could someone clue me in on this?

Love Anniexxx

[sparkin]

Regarding annual filing of tax returns as a GC holder you are required to file your taxes on time!!! Which means you are not permitted to file an extension!!!! The IRS don't give two hoots but the USCIS do! If you choose to naturalize you WILL be asked the question "Have you filed tax returns on time?" FYI this applies to any person here in the USA on ANY type of visa!!

[haytonmac]

sparkin not EVERYONE that has a green card wishes to go for naturalization!and yes you may file for extentsion BUT you must have estimated how much you owe and pay it on account by the correct date ,that is counted as having filed on time!this info comes from both USCIS and IRS.

[peter gold]

IRS and USCIS do not exchange details. They have bigger fish to fry. I have never heard any one with problems as long as they show at least five years of paying US taxes.

[traveller]

Hi Kitty

Yes you are correct.

This can cause a problem though

Say a family member is ill in your home country so you go and visit for a few months. The the sistuation gets worse and you need to stay and could then find yourself in a position whereby your green card is at risk

To apply for a reentry permit may take many months by which time it may well be too late and end up visiting just for a funeral

This really is another reason why a compassionate visa is needed but in reverse

Interesting reading, as I am coming on an O1 visa, I was interested in this green card information.
I have heard from a friend of mine that once we are in Florida there are still more hoops to jump through.

So what is this compassionate visa then, I have never heard of it. Does it mean that I cannot travel out of the States for longer than six months without an re-entry permit.

[Kriz1]

I thought that once you had a Green Card you could even shut down the business you have over here - and just retire. Obviously wrong. Could someone clue me in on this?

Love Anniexxx

Once you have a greencard you can do what you like..thats my take on things anyway...but if you bum about that may not be looked on favorably if you wish to become a citizen...

[peter gold]

A green card is evidence of lawful permanent residence which means what it says. You are a PERMANENT RESIDENCE and if you leave the country for more than 12 months you need to apply for a travel permit, or else they could deem you have abondoned your residence.
You have an O visa which is not lpr that is an EB1 visa. An O visa is limited to 3 years.

[Munish]

Just wandering, what is the difference between qualifying for O1 versus an EB1 on the basis of extraordinary ability? Or is it the same criteria?

[peter gold]

EB1 you self petition on exceptional ability whist O you need a sponsering employer on extraordinary ability . Former is green card latter is a limited visa

[Sharon]

I have been told that you can loose your green card or citizens status if you commit a crime

[peter gold]

It must be a serious felony

[Munish]

Can't find the article now, but I read there were problems when green card holders tried to get passed POE when they were involved with crimes. Sounds very general now, but cannot remember any of the details.

[peter gold]

To justify the withdrawal of permanent residency the crime has to be pretty serious and the authorities just cannot take it.
You may be confusing with an applicant for naturalization who may be refused or deferred for the commision of a minor crime such as dui.

[Munish]

Oh yes, I remember now. I was actually looking to see examples of whether POE could confiscate green cards for staying out of the country for too long, albeit within a year. I eventually read a piece that if there was something really suspect, people can get taken into secondary inspection and, if necessary, this is followed by some kind of conditional permission to re-enter requiring them to appear in front of some hearing regarding their permanent residency status. It was related to serious crime. If I find it I will post it.

[peter gold]

You are admitted on bail to attend before the Immigration Judge, and she/he is the only one with power to take your status.

[Munish]

Oh yes, that's what I read!

[saculbreath]

Hi Sue,

so many views and opinions to read through on a Saturday morning.... This is my first time I can actually sit with a cup of tea and peruse various threads.

I'm concerned about how bad advise is being given and relied on.

Your readership would be WELL-advised, to seek out competent legal advise from licensed attorneys who practice exclusive (or at least predominantly!) U.S. Immigration Law and are active members of AILA.

Those who seek out or rely on advice from anyone who does NOT meet these minimum qualifications, IMHO are being seriously remiss.

[Susie]

Hi Sue,

so many views and opinions to read through on a Saturday morning.... This is my first time I can actually sit with a cup of tea and peruse various threads.

I'm concerned about how bad advise is being given and relied on.

Your readership would be WELL-advised, to seek out competent legal advise from licensed attorneys who practice exclusive (or at least predominantly!) U.S. Immigration Law and are active members of AILA.

Those who seek out or rely on advice from anyone who does NOT meet these minimum qualifications, IMHO are being seriously remiss.


Hi and a warm :welcome:

One thread to view would be the ageing out thread, very interesting, but there are many other ones also

I totally agree with your posting and why I wish to encourage immigration attornies to join our site and hope to have an #ask attorney section# This will happen very soon. I would also like to encourge top immigration firms to have a banner advert in order that we can keep this site running.

I would like to make the point that there are many victims on our site that you are not yet aware of. There have been, still are, many people calling themselves attornies or immigration specialist's and scamming people from all over the world. This is one reason for setting this site up to educate those already in the USA and people who wish to follow in our footsteps

Any attoney who joins our site must be vetted by admin in order to protect our members. Another point I will make is no one here should be giving advise, you have to be an attoney to do so, what we are doing is sharing our experiences and opinions which everyone is entitiled and encouraged to do so.

My late husband and I wanted to set up this site mostly to redress the broken immigration system. Many children still age out despite the CSPA, E 2 children have not status upon reaching 21 years of age, (unless able to obtain another way to remain in the us) There has to be an amendment to the CSPA and new compassionate visa on case by case basis, subject to documentary proof)

Please call me asap, Did you get my e-mail

[traveller]

I have done my own application from the beginning. I can trust myself,If I get it wrong then its down to me. I am saving a fortune.

I am at the final stages now.Just had the medical and will be over in 2 weeks time to have a good scout around.

If you can read you can do it.

[peter gold]

Traveller would you dianose yuor health problems by reading a medical book.
Sometimes it is not just the contents, but interpretation and then experience and practice is helpful.
Some of the members may not be as "extraordinary" as you and need help.
Your comment ..."if you can read you can do it " is naive to say the least.

[davidmartin_uk]

Spot on Peter & Susie.

Anyone who tries to get an E2 or L1 without an attorney is really risking it. I know some have succeeded but in the scheme of a $150,000 - $200,000 dollar investment it is a small cost, less that 2%, you are not saving a fortune!

A good attorney can view your potential business in the cold light of day and give an honest opinion rather than an emotional one that you may have at the time of viewing. They can also couch the application if a different way. My own application concerns a large amount of real estate (and hence price) and it sort of dragged the small business that it is attached to down, but now the real estate is being purchased by a separate LLC and is not included in the application.

There is no way we would have thought to do that or appreciated the possible problems had we not.

Get a lawyer. My advice would be one in London.

Dave

[Carol]

Hi Sue,

so many views and opinions to read through on a Saturday morning.... This is my first time I can actually sit with a cup of tea and peruse various threads.

I'm concerned about how bad advise is being given and relied on.

Your readership would be WELL-advised, to seek out competent legal advise from licensed attorneys who practice exclusive (or at least predominantly!) U.S. Immigration Law and are active members of AILA.

Those who seek out or rely on advice from anyone who does NOT meet these minimum qualifications, IMHO are being seriously remiss.

WELL SAID !!!!

[peter gold]

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