[looking@HK]

I hope I managed to get your attention.

I am a US Resident (greencard holder) since the first part of 2004. So my husband and I have already covered the half-period physical presence requirement. I am looking to move to HK by the middle of next year and by that time, our physical presence will be close to 3 years from the time we were granted permanent residence. As for the continuous residence requirement, we plan to visit (set foot on) the US every 5 months and would still like to apply for US citizenship when we are eligible for that in 2009. Do you see any problems in this plan? I have gone through some of your previous posts and would really like to get your thoughts.

As a background, I am lawyer here in the US and my husband is Senior IT Professional (Strategy and Infrastructure Manager). Sorry if I sound like a lawyer trying to get free legal advice - I sort of am doing that, am I not ? Let's just call it input. We are looking to spend a few years in Asia and plan to eventually return to the US or perhaps stay on in HK if we like it. Aside from the primary question on maintaining our residency and eligibility to apply for US citizenship, would you also be kind enough to give me some pointers on how to go about my search for an appropriate position in regulatory compliance and/or international transactions.

Thanks in advance. I appreciate your time.

[looking@HK]

If anyone else has some input on my question, please do share it with me. I specifically asked penguinsix becuase I see that he/she seems to have dealt with the issue before.

Thanks!!

[penguinsix]

Lots of people do the 'tag up' but if a BCIS official notices it you can lose your green card on the spot. Is it legal to tag up? Well, technically you aren't out of the country for more than 6 months. Is it something you are doing to evade a requirement of the INS? Yup, but whether that is illegal or not is subject to debate. If they caught you doing it, or you went to them and said "I'm just tagging up" they would have an argument to make that you have 'abandoned residence' and strip your green card. But I know others who have gone away for a year and the guys at INS are like 'whatever'. It often depends on which lane you go through when you return to the US (seriously--that arbitrary).

You know you have to keep paying taxes in the US and a bank account (and maybe even a residence). Two years of tagging up is a bit much. Lots of flights. A serious paper trail of you not being in the US.

Have you heard of form N-470? It keeps alive your green card if you need to go overseas for an extended period while working for a US company. It have very tight limitations, but you should check it out.

http://www.uscis.gov/graphics/formsfee/forms/n-470.htm

There is also an exemption to physical presence, which is basically 'instant naturalization' but I think it is only for those married to citizens (since you said 5 years, I'm guessing you are not married to a citizen).

http://www.pjclaw.net/citizenship/319b.html

http://www.uscis.gov/lpBin/lpext.dll...ment-frame.htm


Your best bet is to contact an immigration lawyer BEFORE you move. I am not one so I would not rely on any thing here. I recommend you find a professional.

Good luck.

[looking@HK]

Thanks so much for your response. Yes, I will certainly consult with an immigration attorney prior to leaving.