Hi, I am a permanent resident with a green card issued in 1991 that has no expiration date.

Since 2003 I have been hired by the United Nations (out of NY) and working abroad. I have been returning to the US every six months, or before I reach a total leave of 6 months, staying in the country for anywhere between a week to 3 weeks, then leaving again.

My work with the UN stopped as of October of 2005 but I have been continuing to be away from the US for up to six months, always returning before a total of 6 months for a short time.

I have some money invested in property in the US, have all my bank accounts and money there and pay my taxes in the US every year.

Am I looking at problems or the possible loss of my greencard if I continue this trend for a few years????

My intention is not to relinquish my residency in the US. I'm just inbetween jobs and it's cheaper for me to stay in Europe until a new job comes up.

Thank you for your advise.

You’ve taken good steps to preserve your residency, but they’re not necessarily foolproof, particularly if you plan to continue living overseas for a few years. If an immigration officer at the airport suspects that you’ve abandoned your US residence, you’ll be a given a chance to appear before an immigration judge, who will make the final determination if you get to keep your green card.

The legal standard in abandonment proceedings is whether your trip abroad was for a “temporary visit.” There is no specific timeframe defining a temporary visit. Rather a temporary visit occurs when either (1) the visit abroad is for a “period relatively short, fixed by some early event” or (2) the visit “will terminate upon the occurrence of an event having reasonable possibility of occurring within a relatively short period of time” (e.g., taking care of an ill relative).

Edward Weiner
Attorney at Law

E-mail: E.Weiner@immigration-aux-usa.com
Internet Site: http://www.immigration-aux-usa.com/