QUESTION:

I have been permanent residents since 2008. I will be graduating from high school soon and am planning on going back to India for college. What must I do so that I can keep US permanent residence while I am in college?

THE IMMIGRATION ANSWER MAN:

 US permanent residents must continue to maintain the US as their primary residence or they risk abandoning their status. Here are some tips on how a US permanent resident can maintain their status while they are studying abroad:

Obtain a Reentry Permit and return to the US before it expires. The Reentry Permit is only valid for 2 years. Do not stay abroad beyond the expiration date on the reentry Permit; The foreign national must be in the US when they apply for a new Reentry Permit;

Continue to use parents’ US address as primary residence;

File U.S. tax returns or have parents list foreign national on their tax returns. Be careful that the foreign national should not be listed as a nonresident on the tax returns;

Where possible the foreign national should return to the US at least once every 11.5 months. Even better is if the foreign national can return to the US at least once every 5.5 months;

The foreign national should not purchase a home abroad;

The foreign national should not take employment abroad;

The foreign national should keep their US driver’s license current.

If you would like assistance with this process, you can schedule a consultation with me by calling 1-800-343-4890 or 901-682-6455.

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* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of New York and New Jersey. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.