Little Visa Dictionary

Due to current events at the US borders that our customers were kind enough to inform us of, we would like to have a look at a special topic today that will be of interest to those readers who have already obtained their green cards. This is how to maintain your green card status permanently even if you are still or again living outside the US for a longer period of time.

It happens time and again that our customers, years after they have received their green cards, have to go back to their home countries for an extended period of time for personal or professional reasons. Sometimes it happens that the green card holder (the US officials will then be calling you "lawful permanent resident") will be told that they have given up their status when trying to re-enter the country. While your card will of course not simply be revoked, you will at least have to sit through a hearing and demonstrate that you are still intending to immigrate into the US. This is a nuisance, of course, that you would want to avoid, especially on vacation. In the worst case scenario, you might actually lose your card. Due to last year's attacks, controls at the airports have been significantly tightened.

So: in case you know in time that you don't want to or can live in the US permanently yet, or have to leave the US again after an extended stay, you should take the steps necessary to keep your card.

Among the factors that decide upon whether you have given up your status or not are length, reason, as well as kind and number of connections in the US. These connections are also referred to as "close ties," a term the immigration officers like to use in conversations, so please keep it in mind.

Basically (if simplified), it is enough to enter the country once a year in order to maintain your green card permanently. For an absence of less than one year, a green card holder merely has to present his or her card (or valid stamp in the passport) in order to be admitted into the country. However, for the immigration officer at the border this is not always sufficient proof that you indeed remain a US immigrant and wish to settle in the US. In case he has reasonable doubt, he may still make you sit through a special hearing. So it is recommendable to take preventive measures. This especially applies if you are planning to live in your home country for years to come and only go to the US from time to time even though you already have a green card.

One of the most effective measures as a green card holder is to regularly file your tax return. Due to bilateral tax agreements this can mean that you will continuously just state a zero income, because you are not (yet) employed or self-employed in the US. Nevertheless, filing a tax return in the US is an important indicator for US immigration that are indeed planning to immigrate into the US. Please note that a tax return does not only become necessary once you have received your card, but already in the first year you have entered the US as an immigrant.

Find more about the calculation of taxes in the US on zschieschank.de. Some of our readers may still remember the lawyer Mr. Zschieschank from our last winners seminar in Berlin last year.

It may also be helpful for you to have a bank account and maybe even credit cards in the US. These accounts should be as active as possible, meaning your bank statements should be showing activities such as money transfer and payment transactions. In case you have - as in most cases - only an income outside of the US, you could, for example, transfer some of the money to a US account. Furthermore it is advisable to apply for a driver's license in the US and obtain a Social Security Card as quickly as possible after entering the country. As far as possible you should also try to acquire a house or some land in the US or rent an apartment.

If your absence is unavoidable due to professional reasons, a letter from your employer may be helpful, giving some details about conditions and validity of your contract. In the case of family-related or personal reasons the proof is comparatively more difficult, but not impossible. In some cases it is advisable to apply for a so-called "re-entry permit" (I-131). The form has a more psychological effect, because it shows to the immigration service that you know your duties as well as your rights. By the way, even if you do get the above mentioned permit, which will often only be the case if you have good reasons, the INS officers may still have some questions or ask to see certain documents.

It is recommendable for green card holders to always carry with them documentation showing that they maintain their residency when traveling abroad. You can put together a little file for this that you can easily present to the immigration officers.

It should be ordered as systematically as possible, the texts should be in English or at least as a certified translation. It should include, as mentioned above: income tax return and/or assessment, documentation about real estate ownership or lease agreements, bank statements with payment transactions, appropriate letters from your employer and other letters explaining your absence in detail.

(In order to relax and calm you a bit by showing you that it is not always your fault when you run into trouble with US authorities let us refer you to the curious happenings at the Immigration Service at Newark, New York, as described in our Short News section.)

Of course not all immigrants have problems with entering the country all the time. In most cases you will not have to provide any kind of evidence. However, there are some regrettable individual cases and you should be prepared.

By the way - if you want to avoid this altogether, you can become an American citizens five years after receiving your green card. Paradoxically you will then suddenly be allowed to stay outside the US for as long as you like, and will NEVER have problems with re-entering the US. If someday Germany allows dual citizenship (same as Great Britain), this option will probably become even more attractive. The US themselves also don't know dual citizenship to this day.

By the way, we will inform you about the requirements for maintaining your German citizenship in more detail in one of our next newsletters.

If you have any questions about this rather complex topic, best use the contact form on our website.