Q. If you have obtained a U.S. green card (whether it is a conditional green card or a permanent green card, both have the same residency requirements, hereinafter referred to as "green card"), but for various reasons need to spend as much time as possible in your home country, and do not want to lose your green card. What should you do?
A: Try to apply for a re-entry permit (also known as a "white card") as soon as you obtain your green card. The application process for the re-entry permit is simple, and the validity period after approval is two years.
You can reside in your home country during the two-year validity period, but you must return to the U.S. before the last day of the validity period, and your entry must be before the last day of the validity period.
For holders of conditional green cards, Worldway Immigration experts suggest: Even with the protection of a re-entry permit, try to visit the U.S. at least once every six months to demonstrate your strong intention to maintain your permanent resident status. When the re-entry permit is about to expire, it is advisable to apply for an extension of the re-entry permit.
Q. Each person can only obtain a maximum of five years of re-entry permit protection in their lifetime. After that, if you still want to reside in your home country and do not want to come to the U.S., what should you do?
A: First, you need to establish a "presence" in the U.S. This requires doing the following four things:
1. Maintain an active bank account in the U.S. (the more accounts, the better), as this indicates that you have active living expenses in the U.S.
2. Purchase a property in the U.S., indicating your willingness to reside long-term in the U.S.
3. For children of school age, unless the children are very young and both parents are overseas, especially for children in middle school or college, it is essential to strive for them to attend school in the U.S.
4. Ensure to file taxes on time every year and pay taxes when necessary, fulfilling the obligations of a permanent resident. In fact, maintaining a good tax record in the U.S. has many other benefits, such as helping green card holders accumulate social security credits and significantly assisting children when applying for college or high school.
Without the protection of a re-entry permit, to maintain your U.S. green card, you only need to try to meet the above conditions and return to the U.S. at least once every twelve months, with each stay lasting no less than 30 days; or return to the U.S. every six months, with each stay being relatively short.
Q: Under what circumstances might you lose your U.S. green card due to insufficient residency time?
A: Generally speaking, without the protection of a re-entry permit, if you have not fulfilled the aforementioned conditions and have not resided in the U.S. for at least a year and a half, when you return to the U.S. next time, U.S. Customs officials may confiscate your green card.
Q: If you have indeed "overstayed" as mentioned above and have crossed the residency threshold, what should you do?
A: Do not panic; there is still a chance. Note that since the U.S. immigration system has a humane aspect, it can accept certain special circumstances and exceptions. Once a problem arises, do not rush back to the U.S.; you must consult an experienced immigration lawyer in a timely manner and find an appropriate excuse before returning to the U.S.
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