If you are a US Permanent Resident but working for a foreign carrier which gives you the option to work 20/10 and commute, do you need to pay the US tax if you are already paying it outside US? How can you arrange your retirement and health plan if you are working for a foreign company? Also when you are taking the duty and fly outside US (your name is on a GD) are those days counted as outside US (physical presence)?
I just talked to an immigration lawyer about a month ago and he said if you are outside of the US working(flying for a US or foreign carrier) it doesn't count. It only counts if you leave the US on your own will. The tax portion is a litte bit more complex and I can't explain it. I hope this helps.
If the foreign country has a tax treaty with the US you will not have to pay US income taxes, see a consultant on that to get details. If you are in a tax free country you are exempted the first $85,700 then pay tax on the balance. The immigration officer who interviews you for citizenship determines if you meet the physical presence requirements, I know a woman who lived many years in Florida on a green card, took a job at American Airlines as a flight attendant and was turned down on her citizenship interview because he believed she was out the country most the time even though she only flew domestic. Miami seems to be the worst for denying applicants. I was resident in New Orleans, showed my logbooks and they accepted that, I still had to satisfy the physical presence criteria, investigate that on your own, don't believe an unknown immigration lawyers statement. Been there, done that.
OK, here's my situation. I got my green card at the beginning of this year. Since the job market in the US went kaputt I have not yet found a job in the US and have stayed with my European employer. I'm on a five weeks on five weeks (usually becomes a bit more on than off ) schedule. Being away that much is a strain on both me and my wife and next year I am planning on cutting down on my trips and hence spending more time in the US. However, if I do my last trip that I am scheduled for this year it will only give me about 160 days in the US for 2008. Should I cancel this trip to be on the safe side, or should I be ok since I will be spending more time in the country in 2009?
Obviously I am aware that every time I leave and enter the US it's registered, but considering that the right hand often doesn't know what the government's left hand is doing (experienced through the green card application process), do they actually check these records when it's time for renewal of the green card?
Is there any difference for renewing the green card vs. applying for citizenship as far as the presence requirement?
A friend of a friend is an immigration lawyer and I will check with her, but I thought I get some of your opinions as well.
It would seem to me that you have two issues; the residency requirements for retaining your legal immigrant status and/or gaining citizenship, and the residency requirements for taxation. Fortunately your goal is simple in both cases: you want to show the world that you reside in the U.S. permanently. That means get a driver's license, a social security number, buy a house or sign a year-long lease, put your kids in school, file U.S. tax returns as a resident, open bank accounts, etc. etc.
Nowhere on form I-90 (green card renewal) does it ask how many days you have been out of the country. It does say in the information material that if you ever leave the country for a continuous period of one year or more without filing N-470, you will be considered to have abandoned your legal immigrant status. So, you shouldn't have any problem renewing your green card as long as you don't do that. When applying for naturalization (citizenship), then you do have to show that you have been in the country for at least one-half the time (at least eighteen months of the last three years in the case of spouses). As long as you are not in a big hurry to become a citizen, though, you can just live happily as a green card holder until you satisfy the above requirement.
In both cases it is important that you do not become a legal resident of another country. This means that you pay taxes in the U.S. as someone who lives in the U.S. ;i.e. do not exclude from your taxable income the first $85,000 on form 2555 like non-residents can do. If the country in which you are working has a double-taxation agreement (most countries do), then most likely you will be able to not pay income tax in that country. In any case, you can file the Foreign Tax Credit form 1116 with your U.S. taxes in order to get a credit for foreign taxes that you do have to pay.
I'm not a lawyer or anything like that, but I have worked in Europe and lived in the U.S. for a few years.
Your immigration status can be reviewed by the INS if you are physically out of the country for more than 6 monthscontinuously. If you are gone for more than 1 year continuously then you could lose the status completely if you don't have a re-entry permit.
There is no minimum presence requirement to maintain the greencard, so I am not sure what you are talking about in regards to the 160 days. But like the fellow before me said, it is only a concern if you are applying for citizenship.
Filing for the income exclusion is not an issue with the IRS. Just don't check the box at the beginning of the forms that say filing as a NON resident. There is a huge difference between being a NON resident and being a bonofide resident for the income exclusion.
Read the relevant sections in the immigration regulations. Follow the links at www.INS.gov
With something as serious as this, don't take advice from a web board. I talked with 2 different immigration lawyers in 2 different regions before I accepted my current job.
I have been in a similar situation for several years. Never a problem, but I do own a house, etc, in the USA.
I have never been asked for anything when leaving the US so I don't know how they keep track of when you leave the country. I think they only keep track of the entries you have in the country.
Be careful. A "Green Card" holder, if I remember correctly, has "Resident Alien" noted on the top of his/her card. It implies residency. That means tax returns are filed (with exemptions) and "residency" requirements are met.
In the past, it was just come and go as you please. More and more Green Carders are losing their status.
You are correct that they are cracking down on green card holders.
But.... There is NO residency requirement that is spelled out in the law.
If you leave the country you need to return within 6 months or they can review your status. If you are gone for more than a year, you need an re-entry permit.
Having a house, car etc, will help your case if you run into a problem
From what I have been hearing, people that never return to the USA or stay longer than the 6 months repeatedly are the ones losing their status. They were never really looked at in the past.
Maybe you guys can answer my question. First of all I DO NOT trust immigration lawyers and this is why I trust more what You guys can tell me.
I have a green card which will expire in about 8 years. I am planning on getting a job back in my country with one of the airlines there. If I do get the job, what can I do so I do not lose my resident status here in the U.S. ? I can keep a permanent address here and pay rent monthly, thats' not a problem... I wouldn't have a problem coming back every 6 months, I just don't know if that's necessary or what do I need to do...
This job would be temporary, maybe for about 2 years while it gets better here in the US.
Having an address is a MUST! Other than that, file your taxes and make sure you come in every 6 months.
If you are gone MORE than 6 months they can review your "status". It could possibly end up in an immigration court. The biggest thing they will look at if they review your status, is what your INTENT is. Do you intend to return to the USA to live permanently? Do you have strong ties to the USA? Bank accounts, loans, house, family, car, investments, credit cards, memberships, medical insurance, etc.
If you are questioned by the Border Agents on arrival, you will need to convince them of these ties. If they suspect that you really have no ties or that the intent to return permanently is missing, they would most likely ask you to voluntarily surrender your green card and your status in order to gain entry into the USA. You would then be allowed to enter the USA via the Visa Waiver program if you are from an eligible country. If you are not eligible through the visa waiver program, you could actually be out of luck and refused entry.
If you refuse to voluntarily surrender your status, you could then be arraigned in front of the Immigration Court for a hearing, this might take weeks. During that time I do not believe you would ever be taken into "custody". I am not sure, but leaving the country under such circumstances might mean a big problem getting back in.
If you are worried about being away more than 6 months, then you should just apply for the re-entry permit. It is good for a year and can be extended for one more.
Every border entry point may act differently and every agent may concentrate on different areas. So there are no guarantees with anything.
It really would be smart to talk to an immigration lawyer on the subject. I talked to 2 in different jurisdictions and did a lot of reading on the laws and the interpretations. I am still not absolutely clear on the subject, a lot of it just comes down to your intent.
thanks for your reply, I think I'll have to see a lawyer see what they recommend (half of the time they don't even know what's going on)... My wife is a US citizen and she'd be coming with me if I was to get the job, I guess that'd probably be reason enough for them to let me back in... in any case, I wouldn't have a problem flying back every 5 months or so.. all these immigration stuff is complicated
You should really talk to a lawyer, I agree they speak out of their asses most of the time. If you run into a problem at the border you will be thankful that you have his number in your cell phone.
Similar Threads 
) schedule. Being away that much is a strain on both me and my wife and next year I am planning on cutting down on my trips and hence spending more time in the US. However, if I do my last trip that I am scheduled for this year it will only give me about 160 days in the US for 2008. Should I cancel this trip to be on the safe side, or should I be ok since I will be spending more time in the country in 2009?
Linear Mode
