Worked outside US for 8 month- Work Visa

[JRAN]

Dear Members,

 

I am planning to apply for citizenship in Nov 2014,but have a concern.

 

I was employed by the overseas branch of my company for a period of 8 months. I did not move my family and during these 8 months, I was out of the US for a continuous period of 106 days. On all the other occasions, I was not out of the US for more than 40 days at a time. I used to come back to the US periodically and spend time with my family for a week and then return. I have filed my taxes as a resident.

 

Please let me know whether I will have a problem when I apply for citizenship.

 

Thanks and Regards

JRAN

 

 

 

[t75]

If you worked for a US company, they should have been aware of your immigration status and filed for you as a LPR posted outside the US.  You need to speak to their attorney to determine what was done.  It is important because working outside the US can sometimes be viewed as abandonment of GC. If your family remained int he US on GC, they are not affected but you just visiting may not be enough to prove that you did not abandon yours.

 

It is important to discuss your situation with an attorney before filing just to know where you stand. It is very much dependent on specifics.

[JRAN]

Thanks for the reply. I was not deputed. I took up a new job with the overseas branch. I resigned and came back to the US in May 2013 and have been in the US ever since.

[t75]

You need to speak to an attorney. It can be determined that you abandoned your GC by your taking employment outside the US. Your receive more scrutiny with an application for US citizenship than for entry with a GC in hand.

[JRAN]

Thanks for your response.

 

I was under the impression that the LPR means that you should not take up residency in another country and there is no restriction on working outside as long as you don't stay out of the US for more than 6 months at a time.

 

Further, getting a work visa does not confer residency permit in the other country. Would this be a reasonable position when it come to application for citizenship.

[t75]

Working in another country is residency; my expat USC child is working for a US company at their foreign office, has a guest worker visa similar to L1, pays taxes to both countries, and is a resident of that country. He maintains a mailing address in the US but actually lives elsewhere due to his employment. If you were residing outside the US at the request of a US company, the company should prepare paperwork documenting that to be the case. You did not qualify so you cannot make the assumption that you are OK. The fact you posted the question indicates you are concerned.

 

The 6 month limit is not set in stone; if your conduct indicates that you have engaged in conduct indicative of abandoning your GC then it can be revoked for even less time.  Whether your situation rises to that level requires attorney review and assistance in documenting your case for citizenship.

 

ENGAGE AN ATTORNEY. You may be OK but then again you may have a problem. He may advise that you delay your application; Better to wait than to be denied.

[JRAN]

Thanks.

If I get denied, does it impact my green card status or will it just mean that I have to reapply after 4 more years ?

[JoeF]

Thanks for your response.

 

I was under the impression that the LPR means that you should not take up residency in another country and there is no restriction on working outside as long as you don't stay out of the US for more than 6 months at a time.

 

Further, getting a work visa does not confer residency permit in the other country. Would this be a reasonable position when it come to application for citizenship.

 

Your impressions is wrong.

Taking up employment outside the US is considered a strong indication that the person is not living in the US, and has abandoned the GC.

If USCIS determines that you abandoned the GC, you would have no status at all.

You need to discuss your situation with a good immigration lawyer.

[t75]

I do not know what happens if they decide you abandoned your GC but allowed you to enter on it.  By delaying until you fulfill the requirements from the date of your return, I would expect fewer issues. It is like a person with a criminal history; it is generally advised to wait 5 years from the criminal problem even if he is eligible sooner since that is the magic number for time as LPR before GC.. 

 

This is too important a question not to sit  with an attorney for advice.  I always look at the worst case  and decide if I am OK with it; if not, I look at the likelihood of it happening before deciding what to do.  If the attorney indicates that it is possible but very unlikely then go for it if the effect is an inconvenience like refiling and not a disaster like deportation. You should not make your decision based on any advice in the forum. We are giving you things to think about and discuss with professionals who know the mood of the immigration processors for circumstances such as yours. It may be a complete non-issue and then it may be a serious concern. Don't do anything one way or another before talking to the attorney.

 

If you decide to wait, it is in your best interest to remain with a US employer and if posted outside the US have them file paperwork to preserve your residency.

[JRAN]

Ok,noted. Thanks