Working Abroad and Stopped at Immigration
Hi.
I have had a green card since 1988. I started working part-time in New Zealand (less than 6 months a year, but for every year since 2004). I have permanent residence visa for NZ (not obtained by residency in terms of time spent in the country I am not there long enough). This time, coming back to the US for the Easter break, I got stopped at immigration and sent to Secondary. Part of the problem is that I travel a lot, giving talks at different universities around the world and so I am not in the US (Texas) for long periods even when I am not working in NZ and it looks to the INS as though I am just "visiting" the US. (My British passport is full of visas and stamps -- China, Japan etc. ) I also spend time with my wife abroad in different locations including NZ. I think it is clear that I am not abandoning the US. I declare the US as my tax residence; I have a business in the US; I have no family ties in NZ; I have not moved assets to NZ (I have three houses in the US); I have not transferred my business to NZ. I have no NZ credit card, driving license etc. The INS officer told me I have to be in the US longer than I am outside the US, but I have not seen this stated on their website. Am I danger of being refused entry and if they do that, what do I say? I want to talk to a lawyer?
Michael
Re: Working Abroad and Stopped at Immigration
Yes, you are in danger of being deemed to have abandoned permanent residency. If you remain outside of the U.S. for extended periods of time, obtaining a reentry permit or making a return trip to the U.S. once or twice a year for a few weeks will not be enough to maintain your permanent resident status. The USCIS will examine the reasons for your extended absence, your intentions (as stated, and as they infer from your actions), and other factors that demonstrate your ties to the U.S. (or to other countries).
You should be speaking to an immigration lawyer now, to form a strategy to maintain your lawful status, not after you're turned back at the border.