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  1. #1
    Join Date
    Sep 2012
    Posts
    3

    Default Worried About Being Deemed to Have Abandoned Permanent Residency

    Hi,

    I got my GC in 2008 and have been visiting US once a year to maintain my status. Last year, I was advised of 407 and same was written on my passport. I definitely have intent to permanently move to US in the year 2013 for higher education, and have also applied to US universities, results of which will come by Dec 2012. However, i will have to visit US in Oct to stay within the one year limitation. Will there be issues? Will proof of applying be enough to establish intent?

    Please advise.

    Brij

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Advised 407

    Have you been filing US tax returns?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Worried About Being Deemed to Have Abandoned Permanent Residency

    There are already issues - hence the warning you received about abandoning permanent residency. What are your present ties to the U.S. - family, job, education, work, financial, housing, do you file U.S. federal tax returns, etc.?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Worried About Being Deemed to Have Abandoned Permanent Residency

    As Mr. Knowitall aludes, dropping your foot on US soil once a year is NOT a guarantee you won't be considered to have abandoned your residency. A green card is for those who wish to reside here, not some convenience for those residing elsewhere who want to avoid the normal visa process.

  5. #5
    Join Date
    Sep 2012
    Posts
    3

    Default Re: Worried About Being Deemed to Have Abandoned Permanent Residency

    I understand that. But I have not been using it for my convenience. Just that when I got it through my mother, the time wasn't right. I am not living there because of my job, but then pretty soon (within next six months), I plan to be back in US for education, that's certain. And then I don't want to loose a GC now, and then do the whole student visa thing.

    No ties as such. My mother's family lives there. That's pretty much. To be honest, its a load on my pocket to fly each year to US, but I have been doing that just to keep it intact, so that I can finally move in. And all I will be requesting them is another 6 months of time. Will they consider it? Chances? Experiences?

  6. #6
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Worried About Being Deemed to Have Abandoned Permanent Residency

    You have been WORKING outside the US. This demonstrates that you had no intention of maintaining your legal residency. A close inspection should result in the determination that you never fulfilled the requirements.

  7. #7
    Join Date
    Sep 2012
    Posts
    3

    Default Re: Worried About Being Deemed to Have Abandoned Permanent Residency

    Yes, but that is only because I could not find the required job in the US. And as i said, I have now proof of application to US universities.

    On a related note, if I do fly to US, and am made to sign 407 at POE, what will happen then? Will they still let me in for a temporary period, or put me on the next flight back to home country? or something worse?

    Please advise. I really want to keep it as it improves my chances of admission many folds? And all I would be asking is another 6 months to establish that.

  8. #8
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Worried About Being Deemed to Have Abandoned Permanent Residency

    Your inabililty to find a job you liked is not a valid excuse. You could have worked in fast food, janitorial, etc. Excuses, excuses, excuses will not improve your chance of entry.

    You need to consult an immigration attorney.

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