Re-entry permit and tax filing

[Tel]

Hello to all, I have a question and I would need your help.

I am a green card holder since September 2016, living and working in Chicago. I plan to accept a job offer from a foreign company and move to Europe for the next 3 years and my attorney advised me that the best would be to file for a re-entry permit, which will however cancel my naturalization process (I have to restart when I come back to the US). My intention is to keep my house here in USA and travel regularly to the US (every 2-3 months), since I will have a parallel consulting agreement with a US company. Of course, I will keep my bank accounts, credit cards, memberships etc, since I plan to return back in 3 years. Therefore, my questions are:

1) Should I file for re-entry permit?

2)Is there any way that I can avoid cancelling my US naturalization process?

3) In the case that I get the re-entry permit, I will have approximately 80% of my income generated in Europe and 20% in USA. I will be living approximately 300 days per year in Europe and 65 days in USA. Should I file taxes in the US as a resident or as a non-resident?

4) Would filing as a non-resident be considered as an abandonment of my green card and cancel my re-entry permit?

Thank you in advance!

[alfredoj]

Hello Tel,

I've been reading a bit because I'm in a similar situation looking into applying for a re-entry permit, the little understanding that I might have is:
1) Though you can definitely file for a re-entry, these are valid only for a maximum of two years, which looks like you will be exceeding; so my guess is that you might have to apply for returning resident visa after your three years of work.
2,3,4) Here's a useful link with information about residency abandonment and what can make them think you intended to abandon residency. https://www.uscis.govhttps://www.imm...nent-residence

This document shows some information about how the re-entry permit works https://www.uscis.gov/sites/default/...urces/B5en.pdf

If you intend to be absent for more than 6 months but less than a year you might not need the re-entry permit as your green card would remain valid but you'll need to justify your absence on arrival to the CBP officer. If you'll be absent for more than a year, the green card becomes invalid for re-entry and you'll the re-entry permit, and anyway you'll have to show the CBP officer that you didn't intend to abandon residency.

Always file as resident, and don't forget to file, keep your bank accounts and whatever ties you can in the US.

I'm in no way an attorney, or an expert, this is just what I've gathered from reading through the USCIS website, forms, and instructions. And definitely consult your attorney.

Good luck to you my friend.

[abumiqdad]

1. it is safer to apply for Re-entry permit, even when you know you might exceed that 2 year duration. Even after that, you can apply for a new one.

2. no, it will actually not cancel your naturalization process but it will delay - since you will not satisfy the minimum time spent in the USA for the past 5 years. So you will have to start over when you are back.

3. Always file as a resident - depending on the tax treaty between the USA and that country, you might not have to pay extra taxes. Consult a tax consultant.

4. Yes, do not do that, i think it stated that it will cause your LPR/GC to be considered as abandoned.

Also, your time overseas can actually be counted towards your naturalization but it depends on the company and the type of work (working for US gov overseas is counted as time spent in the USA). So you have to check if your company qualifies as well.

Hello to all, I have a question and I would need your help.

I am a green card holder since September 2016, living and working in Chicago. I plan to accept a job offer from a foreign company and move to Europe for the next 3 years and my attorney advised me that the best would be to file for a re-entry permit, which will however cancel my naturalization process (I have to restart when I come back to the US). My intention is to keep my house here in USA and travel regularly to the US (every 2-3 months), since I will have a parallel consulting agreement with a US company. Of course, I will keep my bank accounts, credit cards, memberships etc, since I plan to return back in 3 years. Therefore, my questions are:

1) Should I file for re-entry permit?

2)Is there any way that I can avoid cancelling my US naturalization process?

3) In the case that I get the re-entry permit, I will have approximately 80% of my income generated in Europe and 20% in USA. I will be living approximately 300 days per year in Europe and 65 days in USA. Should I file taxes in the US as a resident or as a non-resident?

4) Would filing as a non-resident be considered as an abandonment of my green card and cancel my re-entry permit?

Thank you in advance!