Да, я в этом уверен. Это один из самых часто встречающихся вопросах на всевозможных форумах, и я встречал много обсуждений по этому поводу.
Ссылки найти настолько просто, что я не понимаю, почему бы Вам не сделать этого самостоятельно.
Основной проблемой тут является даже не потеря гринкарты как таковой, а потеря шансов на получение гражданства по истечении требуемого срока. Длительное отсутствие в стране должно всплыть именно там.
Вот цитата, встречающаяся во множестве документов:
A commonly held but mistaken assumption is that a visit every year to the US will preserve LPR status. While an LPR needs only the green card to reenter the US after an absence of less than one year, this is not enough to indicate the intent to remain a resident of the US.
А впрочем, вот вам полный текст, разбирайтесь, он есть в нескольких местах в Инете
Цитата:
Quote:
APPENDIX C
RETENTION OF PERMANENT RESIDENCY STATUS
When the Immigration and Naturalization Service (INS) approves an investment, an Investor and his/her spouse and children under the age of 21 will be granted Permanent Residency (Green Card) status in the United States. However, although the Investor and his/her family may live and work in the United States permanently now that they are lawful permanent residents, they do not yet have the same privileges as U.S. citizens.
A returning lawful resident of the United States is regarded as an immigrant at the time of each entry or reentry to the United States, and can be barred upon his return if found excludable under U.S. immigration laws. A returning Permanent Resident (Green Card holder) is regarded as a special immigrant and will be allowed to reenter the United States if he or she satisfies two prerequisites: (1) prior lawful admission for permanent residence; and (2) that he or she is returning from a temporary trip abroad. Whether or not an absence abroad is temporary depends on whether the resident intended to abandon residence in the United States upon departure.
Current law states the following regarding allowable absences from the United States:
an absence from the United States of six months or less does not affect the continuity of residence;
an absence from the United States of more than six months but less one year presumptively breaks the continuity of residence, but the applicant can overcome this presumption by establishing that he or she did not in fact abandon residence in the United States during such absence. Such absences are generally of little consequence, since the immigration authorities are likely to accept the applicant's assertion that he or she did not intend to abandon residence in the United States;
an absence from the United States for a continuous period of one year or more absolutely breaks the continuity of such residence. Therefore, the alien may be found to have abandoned lawful resident status by remaining outside of the United States for one year or more. The unfortunate consequence of this action results in losing the "green card" status and having to reestablish a basis for immigrating to the United States. Green Card holders are at risk if they reside outside of the United States, even if they return to the United States at least once a year. (boldface mine - Joker)
If the individual spends long periods of time outside the United States year after year, he or she is more likely to face questioning by the INS concerning whether he or she is truly a permanent resident of the United States. In determining whether the individual has abandoned his residency, the INS will often consider the following:
whether the individual is retaining a residence (i.e., home address) in the United States to which he or she is returning:
if of employable age, whether the individual is principally employed, and whether the individual is filing yearly income tax returns with the U.S. federal government;
whether the individual has other ties in the United States reflective of an intention to remain in this country, such as other family members, bank accounts, real estate holding and other personal property;
the purpose of the individual's absence from the United States; and
whether the individual has applied for a reentry permit to the United States.
The reentry permit is one of the acceptable documents that may be presented by residents seeking to enter the United States who are returning from a temporary absence abroad exceeding one year. The reentry permit is prima facie evidence of the bearer's lawful status. It is equivalent to an immigrant visa and relieves the holder from other documentary requirements, and it shows that he or she is returning from a temporary visit abroad. However, even holders of reentry permits must demonstrate that they have not abandoned their residence in the United States. The reentry permit is often utilized by persons employed by international companies abroad who seek to remain outside the United States for extended absences of more than one year.
Lawful permanent residents should be aware that extended absences may also affect eligibility for naturalization to U.S. citizenship after acquisition of the normal five-year lawful residency period required in order to apply for this benefit. A basic prerequisite to naturalization is that the individual have at least five years' continuous residence immediately preceding the filing date of his or her naturalization petition, including physical presence in the United States for periods totaling at least half that time. Therefore, an individual who retains lawful residence status after extended absences may be unable to satisfy the continuous residence requirement of the naturalization laws. |
Но если Вы сами знаете, что правильно, а что нет, то зачем тогда задавать вопросы?
