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Ask the US Consul: Permanent Residence in the United States
By Karen E. Martin - U.S. Consul
October 2007
Fom time to time, we receive inquiries from American citizens wanting to know how their foreign spouses or other relatives can return with them to the United States to esta-blish permanent residence.
Establishing permanent residence in the United States can be a complicated issue but some of the basics are straight forward.
First, we cannot process immigrant visa cases at Consulate Merida. All immigrant visa processing for Mexico is handled by the U.S. Consulate General in Ciudad Juarez. They have a useful website with great information at: www.ciudadjuarez.usconsulate.gov
Second, responsibility for immigrant visa processing is shared with the Department of Homeland Security. In most cases, the process begins by filing a Petition for your relative. Again, there is another great website that you should consult at: www.uscis.gov
Finally, we receive a lot of general questions from those of you who already have permanent resident green cards and offer this additional guidance from the Department of Homeland Security website.
Traveling with your Green Card
A Permanent Resident of the United States normally needs to present their green card (Permanent Resident Card, Form I-551) and a passport from the country of citizenship for readmission to the United States. However, a reentry permit is needed for reentry following trips greater than one year but less than two years in duration.
Abandonment of Permanent Residence
You may be found to have abandoned your permanent resident status if you:
*Move to another country intending to live there permanently.
*Remain outside of the U.S. for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the U.S. may be consi-dered, even if it is less than one year.
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*Remain outside of the U.S. for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the U.S. may be considered, even if it is less than one year.
*Fail to file income tax returns while living outside of the U.S. for any period.
*Declare yourself a “nonimmigrant” on your tax returns.
If the Department of Homeland Security determines that you have abandoned your permanent residence, you may not be able to enter the United States with your card and should either apply for a tourist visa or, if returning to the USA on a permanent basis, again start the process for obtaining a new immigrant visa.
Additional information about other visa matters is available and our new and improved Consulate Merida Website at: http://merida.usconsulate.gov/
Karen E. Martin
U.S. Consul - Merida
If you have any suggestions for future articles or improvements to our service at the U.S. Consulate, please send an e-mail to: ConsularMerida@state.gov
Address & Info
Calle 60, No 338K x 29 y 31
Colonia Alcala Martin
Merida, Yucatan, Mexico 97050
Tel: (999) 942 5700
Fax: (999) 942 5759
Email: ConsularMerida@state.gov
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