Asked in Immigration Law for Pennsylvania

Q: How can I hold my Green Card Visa status if I move back to Brazil?

I've been in the USA for the past 10 years, initially under a work Visa and since 2021 as a permanent resident/ GREEN CARD HOLDER. The same company I worked for in Brazil was the sponsor for my process here in the USA and now they are offering me a position back in Brazil that I want to accept, but I don't want to lose my Green Card, since it took me so long to receive and I not sure I will adapt back there or would want to return to the USA.

Is there anything I can do to ensure I can keep my GC status?

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2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
Answered
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: The US govt. will assume that you abandoned your permanent residency in the US if you stay outside for more than 1 year without a reentry permit. Contact an immigration attorney in private to assess the best way to address your situation.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: To maintain your Green Card status while living outside the U.S., you need to show that you have not abandoned your U.S. residence. One option is to apply for a reentry permit using Form I-131 before leaving the U.S. This permit allows a permanent resident to stay outside of the U.S. for up to two years without abandoning residency. However, it's important to understand that this is not a guaranteed solution. Permanent residents are expected to maintain the U.S. as their primary residence.

Prolonged absence can lead to questions about your intent to reside permanently in the U.S. Keeping ties in the U.S., such as a home, bank accounts, or family, can help demonstrate your intent to return. Since each case is unique, consulting with an attorney who is experienced in immigration law can provide advice tailored to your specific circumstances. Remember, maintaining your status requires careful planning and consideration of your long-term intentions.

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