Today’s business world is increasingly global. That means companies’ workers often have to be, too.
Keeping up with today’s global demand presents challenges for companies, including having to comply with immigration regulations while sending their employees abroad. It could mean reassigning an employee seeking permanent residency in the United States to work elsewhere.
Minsky, McCormick & Hallagan, P.C. can help make sure employees don’t lose that hard-earned recognition as permanent residents while they comply with work demands.
It can take years to become a lawful permanent resident of the United States. Your permanent residency can be lost for reasons including abandonment, or extended periods of travel abroad, even if it is for a work assignment. Immigrants facing revocation of their green cards may have to appear before an immigration court that will decide whether they may remain permanent residents.
U.S. Citizenship and Immigration Services (USCIS) states that remaining outside of the United States for more than a year without obtaining a re-entry permit or returning resident visa can lead to a finding of abandonment. The same goes for staying outside of the United States for more than two years after receiving a re-entry permit or not obtaining a returning resident visa. It states, however, that any length of absence – even less than a year – can lead to a finding of abandonment.
Staying outside the United States for a year means a permanent resident cannot use a green card to return. A re-entry permit allows a permanent or conditional resident to return to the United States from abroad without having to get a returning resident visa from the U.S. Embassy or a consulate. The USCIS states that a permanent or conditional resident should seek a re-entry permit if planning to be outside of the United States for more than a year.
Other ways to prove ties to the United States include owning property, having a bank or savings account and having family members who live in the United States.
Our Chicago immigration attorneys can help you seek the necessary documents and put together the proof that you plan to return the country.
Extended absences can also lead to problems for a permanent resident seeking citizenship.
According to the USCIS, applicants must reside here continuously for five years before they can apply for citizenship. A spouse of a U.S. citizen must reside in the United States for three years.
Staying outside of the United States for six months to a year can disrupt this process unless the applicant can prove residence was not abandoned.
Ways to prove that, as stated by USCIS, include:
If an applicant is outside of the United States for more than a year, that will disrupt what’s considered continuity of residence and mean the permanent resident must start over again.
An investor seeking to start a business in the United States has several options. Existing overseas companies wanting to send key personnel to the United States may open a new office or subsidiary through a new office L intracompany transferee petition or, if the requisite treaty exists, through an E-1 treaty trader or E-2 treaty investor visa. These non-immigrant visas allow the company to send individuals of executive, managerial, supervisory, or specialized knowledge capacity or with essential knowledge to the United States temporarily.
Our Chicago immigration attorneys are professionals in the field who have the knowledge to help you comply with the law. Consult with Minsky, McCormick & Hallagan, P.C. to strategize how you can prove your ties to the United States and put together any necessary paperwork. Call an immigration attorney in Chicago, IL at (312) 427-6163 or contact us online. Our office is located in downtown Chicago.