QUESTION
Preserving the Green Card (LPR) status while residing in another country, and tax issues in this situation
Asked on Apr 30th, 2014 on Immigration - California
More details to this question:
Dear Sir/Madam, When I was still a minor, my family had applied for immigration visas to the US. Now, after 12 years have passed, we are about to receive our Green Cards. The problem is, I have to stay in Russia for about another 3 years because of my career. I will of course make all efforts to transfer to the US, but that might not be possible. So in case I have to stay in Russia for 3 years after receiving the Green Card, I have two legal matters to adress: 1)What is the best course of action not to loose the legal permanent resident status? I've done some initial research, and it looks like simply coming to the US every 6 months is not going to cut it - USCIS will suspect that I'm not intending to be a permanent resident. How do I make it clear that I only need three years, and then I intend to stay in the US permanently? 2)Will I have to pay the US taxes on income earned in Russia? I will be a US tax resident because of the Green Card, but will I actually have to pay it?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
The best course of action to preserve your legal permanent resident status is to take out a reentry permit (form I-131), visit the U. S. as often as you can during the 3 years, and keep whatever ties and bonds that you can with this country. Part of the ties and bonds is the payment of U. S. taxes on income earned anywhere in the world. You should not try and take advantage of the tax provision that allows an income exemption for monies earned overseas for people who are nonresidents as that is an indication to the U. S. government that you do not consider yourself a permanent resident of this country. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 17th, 2014 at 4:58 PM