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US to Japan green card issues

 
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jmatt



Joined: 29 Apr 2012
Posts: 122

PostPosted: Sat Oct 27, 2012 7:06 am    Post subject: US to Japan green card issues Reply with quote

Hey!

Just wondering if anyone here has any experience with or advice concerning this situation--

My family and I are moving back to Tokyo in December. We're planning on staying 4-5 years before returning to the US. My wife is Japanese, but has permanent residency in the US. I was told that as long as she visits the US at least once a year, her green card will remain valid, but the ominous warnings from the USCIS website states that not the case--she'll need to get a re-entry visa (about $450), and even then, that's no guarantee she'll be able to keep it.

Anyone here have any experience with this?

Thanks!
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Inflames



Joined: 02 Apr 2006
Posts: 486

PostPosted: Sat Oct 27, 2012 8:27 am    Post subject: Re: US to Japan green card issues Reply with quote

jmatt wrote:
I was told that as long as she visits the US at least once a year, her green card will remain valid, but the ominous warnings from the USCIS website states that not the case--she'll need to get a re-entry visa (about $450), and even then, that's no guarantee she'll be able to keep it.

The USCIS website is pretty clear that she can stay outside the US for less than a year without a green card.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/? vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD (There are some spaces after the question mark - delete them)

If you live in Japan for an extended time there is no guarantee she will be able to keep it - it is supposed to be for people residing in the US. The best bet is to continue to maintain active connections (bank accounts, credit cards, a driver's license, a real address) with the US.
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G Cthulhu



Joined: 07 Feb 2003
Posts: 1373
Location: Way, way off course.

PostPosted: Sat Oct 27, 2012 3:28 pm    Post subject: Reply with quote

Current practice at USA border points is that green card holders can stay outside the US for 180 days. Anything over that and they demand a re-entry permit/advance parole visa. Outside that term and the practice is to revoke the PR status at next entry.
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jmatt



Joined: 29 Apr 2012
Posts: 122

PostPosted: Mon Oct 29, 2012 7:22 am    Post subject: Reply with quote

Thanks for the info.

Since we're definitely going to be in Japan more than 2 years, and my wife is going to come back to the US to pick up our cat after the beast has cleared all the customs hurdles after about 6 months or so, which should alert Immigration that we're not planning on living the country for a while, she's just gonna relinquish the permanent residency, and if we need to come back for a visit at some point, enter on a tourist visa. All things considered, no point in paying $450 for the re-entry permit since it's only valid for 2 years, max.

A pain to have to go through the entire process again when we do return, but...

Thanks again!
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G Cthulhu



Joined: 07 Feb 2003
Posts: 1373
Location: Way, way off course.

PostPosted: Mon Oct 29, 2012 2:03 pm    Post subject: Reply with quote

Any chance of doing the citizenship thing? That plus the re-entry permit for the time being is much less hassle (& solves the problem permanently) than having to go through the whole PR routine again, even if you get to do the CR2 thing.
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