Immigration Issues/Can I work with my GC outside of the US
Thanks very much for your prompt reply to my Questions. This jobs only requires me to spend 28 days out side of the USA and 28 days inside of the USA as time off.
Do you think my days out of the USA will count against me?
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I just a job, overseas in my home country but it requires me to be commuting 28/28 i.e 28 days in my home country working and 28 days in the US as time off to be with my family. I'm will be employed here in the US by a US company.
I'm just wandering if this is acceptable since I'm still a conditional green card holder. My salary will be paid into my US account here and I will aslo be paying US taxes. I'm still married to the US citizen that petition for me and still maintains my address in the US.
Is this practice allowed for one with conditional green card who just got it from marriage to a US citizen?
I'm really confused as to wheather to accept the job offer. The pay is also really good.
There is no regulation that prevents you from working in your home country. You should be cautious however how much time you spend overseas...it could impact the time it will take for you to become a naturalized citizen.
Please review the following particularly where it states you must have been physically present for at least 30 months in the five year period prior to filing.
General Naturalization Requirements
Applicants must be at least 18 years old.
Refer to the section, Naturalized Citizen's Children under Waivers, Exceptions, and Special Cases for information on applicants who are less than 18 years old.
See Also INA 334
An applicant must have been lawfully admitted to the United States for permanent residence. Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status.
See Also INA 316
Residence and Physical Presence
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)has resided within a state or district for at least three months
Good Moral Character
Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Service is not limited to the statutory period in determining whether an applicant has established good moral character. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. A person also cannot be found to be a person of good moral character if during the last five years he or she:
has committed and been convicted of one or more crimes involving moral turpitude
has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more
has committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana
has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more
has committed and been convicted of two or more gambling offenses
is or has earned his or her principal income from illegal gambling
is or has been involved in prostitution or commercialized vice
is or has been involved in smuggling illegal aliens into the United States
is or has been a habitual drunkard
is practicing or has practiced polygamy
has willfully failed or refused to support dependents
has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act.
An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions.