India’s high tech revolution has jump-started both the Indian economy and has also opened the door to the fulfillment of the infallible ‘desi’ dream of returning home one day.

Challenging employment opportunities combined with the charm of living at home are now encouraging a lot of permanent residents to return to their home country. However before starting this journey, one needs to remember that quite a few of us have created ties, particularly immigration related, to this land of opportunity. It is equally important to take all precautions to safeguard one’s immigrant or nonimmigrant status in the U.S. With the changing face of the immigration policies, it is imperative that one’s immigrant or nonimmigrant status in the U.S. is not violated.

A Permanent Resident Alien (popularly known as the “Green Card” holder) who spends lengthy period of time outside the U.S. must take precautions to preserve their U.S. permanent resident status. Prolonged absences from the U.S. may pose problems upon re-entry, as the Immigration Services may consider that the returning resident has “abandoned” permanent resident status. The “temporary” absence abroad, should not exceed six months.

However, returning within six months or returning to the United States once a year is NOT sufficient to maintain permanent residence.

For Permanent Resident Aliens (LPR) who know that they may not be able to return to the U.S for periods of more than a year, it is advisable to apply for a “Re-entry” permit. A Re-entry permit allows an LPR to remain outside the U.S. for up to two years. However, the applicant must apply for a reentry permit while still in the U.S, and eligibility is based upon a determination by the services the alien seeks the permit in connection with a good faith, temporary absence abroad. Re-entry permits are valid for two years from the date of issuance and in appropriate circumstances may be renewed. However one has to be physically present in the U.S for applying the renewal.

Even after the application/approval of the Re-entry Permit, it may serve as a strong, but not conclusive proof of the intentions of the LPR to retain their status in U.S. The LPR must show that they are returning to an un-relinquished lawful permanent residence in the United States. The various considerations that may determine the LPR’s desire and intent to return after a temporary absence abroad may include, but not be limited to, the following:

l. Purpose of departure from U.S.: should have a definite reason for traveling abroad temporarily, such as for education and professional training, or for a temporary work assignment.

2. Employment for a definite period, even though somewhat extended, would be a sufficient purpose for departing, as long as a fixed termination date is reasonably clear before taking up employment abroad.

3. In addition, indefinite employment abroad, when assigned by a U.S. employer, is also a suitable purpose for absence from the country.
The location of the LPR ties, such as their family, job, property, continued payment of taxes as a U.S. resident for each year in which the LPR claims lawful resident status, maintenance of bank accounts, credit cards, driver’s license and memberships are essential indications of intention.

If a LPR is absent from the U.S. for more than one year without obtaining the re-entry permit, the LPR must apply for the Special Immigrant Visa at a U.S. consulate abroad. With this special visa, they will be readmitted to the U.S. as LPR.

Whereas the re-entry permit may allow the LPR to enter U.S. after long absences, however, even with a re-entry permit, the Immigration Services counts the time toward U.S. citizenship from the day one returns, since LPR was outside the country for more than one continuous year. Absence by an LPR for a continuous period of one year or more during the period for which continuous residence is required for citizenship purposes will break the continuity of such residence.

The only limited exception is for certain international business people, religious workers, government employees, researchers for certain U.S. research institutions, seamen and women, and people serving in the military.

An Application to Preserve Residence for Naturalization Purposes (N-470) may be filed along with the re-entry permit but the absence may be approved only if limited grounds are fulfilled namely:

1. Absence in the employment of, or under contract with, the U.S. Government or an American institution of research recognized as such by Services or

2. Absence in the employment of an American firm or corporation, engaged in whole or part in the development of foreign trade and commerce of the U.S. or a subsidiary thereof, more than 50 percent of whose stock is owned by an American firm or corporation, or

3. Absence in the employment of a public international organization of which the U.S. is a member by treaty or statute and by which the alien was not employed until after being lawfully admitted for permanent residence.
In order to qualify for such approval the applicant must have been physically present and residing in the U.S. after being lawfully admitted for permanent residence, for an uninterrupted period of at least one year.

For the LPRs who have minors adjust to status in the U.S. with them, it is important that they ensure that the status of the minors is also maintained. It is noteworthy that for minors who have received the LPR card when they were less than 14 years of age, the immigration services requires the renewal of the LPR cards after one attains the age of 14 years.

A well-planned and thoughtful relocation back to India would make it more pleasurable and stress free stay abroad. The aforesaid guidelines are mere suggestions and it is advisable to consult a legal expert for more complex cases.