How to use American green card correctly? Improper use is equal to immigration waste.

Of course, green card holders enjoy more procedural protection than ordinary non-immigrants. Before the US government deprives green card holders of permanent residency, they must go through some legal procedures, such as warnings and hearings, and green card holders have the right to defend themselves. Whether a person gives up permanent residency depends on his intention. But the intention depends on people's interpretation of the evidence, which involves the burden of proof.

The burden of persuasion

To judge whether you have given up your plan to stay in the United States permanently, the first thing to look at is the length of time you have left the United States. There are two key time inflection points to remember: 1 year and 180 days.

If you have left the United States for more than 1 year or 1 year and have no re-entry permit, the conclusion is that you have lost your permanent residence status. There is only one exception to this conclusion, that is, you can't go back to the United States because of natural and man-made disasters, diseases and other reasons beyond your control. If this is a very special case, you can apply for a resident return visa at the US Consulate. If the consular officer determines that you have no intention to give up your permanent residence, you will be issued a resident return visa, and you will regain your permanent resident status after landing in the United States with this visa. The burden of proof lies with you.

If you leave the United States for more than 180 days, but less than 1 year, you will be presumed to have given up your permanent residency, but you can prove it. The burden of proof lies with you.

If you leave the United States for less than 180 days in a row, you are set not to give up your permanent residency unless the Immigration Bureau can clearly prove that you have given up your intention to stay in the United States permanently. The burden of proof lies with the Immigration Bureau.

Although the determination of "intention to stay in the United States permanently" is highly subjective and has a lot of room for discretion and consideration, generally speaking, the Immigration Bureau will consider the following main factors:

1. Purpose of overseas travel or residence

If the purpose of going abroad is short-term sightseeing, traveling, business trip, business investigation, visiting relatives and friends, the time is several weeks or months, and the time of coming back is very clear, which is usually no problem; But if you live abroad and don't know when you will come back, there may be a problem.

2. Time spent in the United States and overseas

The longer you stay overseas, the more likely you are to be considered to have the intention of staying overseas permanently. On the contrary, the longer you stay in the United States, the more likely you are to have the intention to stay in the United States permanently.

work

If your career is in the United States, it is possible for you to stay in the United States permanently. However, if you have a long-term and stable job and occupation overseas, not a short-term assignment or business trip (one or two years), the date of returning to China is unclear, and your employer has no contact with the United States, then the signs of your long-term residence abroad are obvious.

4. Family

If your family (spouse/child) lives, works and studies in the United States, then you are considered to have a greater possibility of living in the United States permanently. On the other hand, if you and your family are overseas, you only go back to the United States once or twice a year, which is a problem.

5. Room

If your main property is in the United States, it is easier to be identified as having permanent residence intention in the United States. But if you have more, bigger and more luxurious overseas properties, then your American residence contact is not as good as that of foreign countries.

Submit a tax return

Every right comes with responsibilities. Tax return is the obligation of permanent residents to their permanent residence (government and community). Tax returns are a key factor in measuring your intention to end. If you haven't submitted the federal annual tax return for several years, or declared yourself as a non-immigrant on the tax return, you may be considered to have given up your permanent resident status.

7. Social activities and social interaction

If you have a large number of social activities and contacts in the United States, such as actively participating in churches, community organizations, interest clubs and professional organizations, making a lot of contributions to the community, and having a driver's license, insurance and various membership cards, you can well prove your intention to integrate into American society and hope to stay in the United States permanently.

8. Re-entry permit

A visa to return to the United States means that before you leave the United States, you will give a note to the US Immigration Service explaining your intention to return after your trip, so that they can know that although you have been away for a long time, you have never given up the idea of staying permanently in the United States and will definitely come back. The re-entry permit in the United States has a taste of exchanging openness for leniency. If you estimate that you will stay abroad for more than six months or even a year at a time, use the re-entry permit as a shield. The US re-entry permit is valid for two years. Having a permit to return to the United States does not guarantee that you will be allowed to enter the country, but it is easier to prove that your overseas trip is only temporary.

It should be pointed out that all the above factors (as well as some other factors not mentioned) should be considered as a whole. Generally speaking, the longer you live in the United States, the more cohesive you are, the more solid your foundation in American society, and the richer your contacts are, which is more conducive to keeping your green card. Immigration officers will generally consider all factors and give you a warning in advance when necessary. If they don't restrain themselves after warning, they will make an unfavorable determination. You have the opportunity to defend and appeal against the immigration officer's unfavorable decision.

For green card holders who are preparing for overseas travel and can't come back for a long time, it is recommended to prepare as many proof materials as possible before leaving the United States, so as to prove that you intend to stay in the United States for a long time when you return to and from the United States.