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Posted

Hey, sorry if this is a duplicate post--I tried searching some keywords and didn't find anything.  For any US permanent residents (greencard holders) out there, does anyone have any experience with grad programs abroad while trying to maintain permanent residence in the US?

I didn't realize I was eligible for citizenship (happened in March, apparently), and I'm about to study abroad--I'm in the senior year of my undergrad in the US.  I know you need to maintain continuous residence in the US for 3 months before applying for naturalization, so if I want to get naturalized, my choices are to file for naturalization either 1) right now or 2) in April 2018 (3 months from January, when I'll be back in the US).  Problem with #1 is that I might be in France when they request my biometrics or interview, and problem with #2 is the process might not be complete by September 2018, when I'll hopefully be going to grad school, possibly outside of the US.

Now, I'm not concerned with naturalization so much as just keeping my greencard.  If I do want to do an MA abroad it'll be maybe 2 years at maybe Simon Fraser [in Canada]? after which I'd love to return to a Ph.D program in the United States.  This would mean I'd have like 4 months at the end of 2018 in Canada, after which I'd be able to return to the US for a month for the holidays (possibly working in the US), and then like 6 more months in Canada before the summer...does anyone know if leaving the US for the duration of each school term, and coming back only for inter-term holidays, would be considered an abandonment of my permanent residence in the US?

Thank you for any and all thoughts!  <3

Posted

This is a complicated situation and it is probably best to consult with a legal expert, such as an immigration lawyer.

Briefly speaking, in order to maintain permanent residence (green card) status, you must be able to prove that you are primarily living in the US and that you intend to make the US your permanent home. Generally absences for long periods of time will jeopardize your green card status. However, it is not clear whether or not being away due to schooling is an exception. This is where consultation with an immigration lawyer could be really helpful.

In addition, if you are male and are between the ages of 18 and 25 (don't have to say here), then I think there is a requirement to register for Selective Service if you are interested in citizenship later on.

Posted

Wow, thanks so much for the speedy reply!  Yes, I'm going to check in with the international centre at my undergrad institution and see if they can refer me to an immigration lawyer.  Was just wondering if anyone here had done anything similar, as leaving the country one term at a time to go to school seems like a potentially common enough situation :)

And, yup, already registered for selective service, but that is a helpful reminder; thanks!

Posted

So, we are not lawyers and you should really consult with one here, because mistakes can be extremely costly. I would say, don't trust the couselors at your ISO, but talk to a lawyer (as you said you would, just stressing this point). To my understanding, studying abroad should be a legitimate reason to be outside the US for a lengthy time period, but you should apply for a re-entry permit before you leave: 

https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

Some info from a random site (this is not an endorsement of these lawyers): 

http://www.antaoandchuang.com/i-keeping.html

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