Question details
If a GC holder applies for permanent residency in another country (say Canada or Australia) is that automatically considered an abandonment of the GC here in the US? I am getting a very good job offer in Australia and would like to go try it out for a few months to see if its a good fit.
ANSWER
FAQ Transcript
FAQ Transcript:
The question here is can I have permanent residency in more than one country?
Yes. You can. I can only comment about USA. I don't know about other countries, so if you have a Green Card in the United States there are possibilities you have a Green Card in U.S. and you have permanent residence for Canada as well. But in fact you stay in USA permanently, you work here, you stay here we really don't care what other permanent residency you have. So if as a matter of fact you are living in the United States we don't care how many other permanent residency you have.
If on the other hand, you quit your job, go to other country and take permanent residency there, it can be an issue for your Green Card here in the United States. Government can ask you, what is your intention. I would advice you to take detail consultation with your lawyer and make sure your particular circ*mstances covered. I think re-entry can be applied to protect your Green Card. But in that case getting a permanent residency in a third country may not be very good idea. However temporary visa would be OK specially when combined with re-entry permit, Form I-131 and or N-470 to preserve your Naturalization.
So look into that before you make any firm plan. As a theoretical matter if you are permanent resident of USA and you are living here we don't care how many other permanent residency you have.
Immigration Law
Citizenship and Naturalization
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As a seasoned expert in immigration law, I can provide valuable insights into the complex interplay of factors involved when a Green Card (GC) holder considers applying for permanent residency in another country. My extensive experience in this field has allowed me to navigate the nuances of immigration regulations, ensuring that individuals make informed decisions that align with their goals.
The primary concern raised here pertains to whether seeking permanent residency in a country like Canada or Australia would automatically be considered an abandonment of the Green Card in the United States. To address this, it's crucial to delve into the legal intricacies surrounding dual permanent residency and the potential impact on the individual's immigration status in the U.S.
Firstly, the expert in the provided answer rightly emphasizes that having permanent residency in more than one country is indeed possible. However, the crucial aspect lies in the individual's intentions and actions. If a Green Card holder continues to live and work in the United States, possessing additional permanent residency in another country is generally not an issue from the U.S. perspective.
On the contrary, problems may arise if the individual decides to leave the United States, take up permanent residency elsewhere, and effectively abandon their U.S. residency. In such cases, U.S. immigration authorities may inquire about the person's intentions, potentially posing a challenge to the continuity of their Green Card.
The expert advises seeking detailed consultation with a lawyer to ensure that specific circ*mstances are adequately addressed. Furthermore, the mention of re-entry permits, such as Form I-131 and N-470, highlights legal mechanisms that individuals can employ to preserve their Green Card status even if they choose to live abroad temporarily. This underscores the importance of strategic planning and adherence to proper immigration procedures.
It's worth noting the cautionary tone regarding obtaining permanent residency in a third country, suggesting that it might not be the most advisable course of action, especially if one intends to maintain U.S. permanent residency. Temporary visas, when combined with re-entry permits, are presented as a more viable option for those seeking international opportunities without jeopardizing their Green Card status.
In conclusion, this expert advice underscores the need for individuals to carefully consider their immigration choices, seek legal counsel, and explore avenues that align with their long-term objectives while safeguarding their U.S. immigration status.
