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Old 14.10.2007, 01:24
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US Citizen/Green Card holder - how long is it possible to stay here?

Hello,

I've tried to search the threads but could not locate a clear answer.

I would appreciate if someone could tell me if there are any restrictions on total time a US citizen or a Green Card holder can spend in Switzerland in, say, a year? I understand that they do not need a visa for a stay of less than 3 months (90 days). Are there any restrictions on the total amount of a stay in a year, meaning if they stay in Switzeland for 90 days, leave for Germany for a day, and then come back for another 3 months, is it legal or not? Or any conditions on the time they have to spend out of the country inbetween the visits?

I would greatly appreciate any information or reference.

Edward
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Old 14.10.2007, 01:31
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Re: US Citizen/Green Card holder - how long is it possible to stay here?

If you are an American citizen, you may stay up to 180 days in a calender year and it has to be separated into 2 visits at least and 1 month absent in between.

Green card holder does not benefit as American citizen and it depends on the original citizenship.
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Old 15.10.2007, 04:28
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Re: US Citizen/Green Card holder - how long is it possible to stay here?

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Green card holder does not benefit as American citizen and it depends on the original citizenship.
See this link for complete information:
http://www.eda.admin.ch/eda/en/home/...nf/visusa.html

For the green card holders same rule applies as for the Americans, except for small number of countries (citizenships).
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Old 15.10.2007, 09:16
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Re: US Citizen/Green Card holder - how long is it possible to stay here?

And be warned, if you have a Green Card you have to return to the US at least once a year to keep the card valid. You can file for an extension, but that only allows for an extra year.
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Old 15.10.2007, 15:41
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Re: US Citizen/Green Card holder - how long is it possible to stay here?

I know people who have lived in CH for 5 years on a US green card, no problems when they go back to the US.


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And be warned, if you have a Green Card you have to return to the US at least once a year to keep the card valid. You can file for an extension, but that only allows for an extra year.
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Old 16.10.2007, 08:25
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Re: US Citizen/Green Card holder - how long is it possible to stay here?

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I know people who have lived in CH for 5 years on a US green card, no problems when they go back to the US.
The Department of Homeland Security disagrees. And since they're the people, rightly or wrongly, that can take her card, I'll follow what they say.

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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 US 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 US may be considered, even if it is less than one year.
  • Remain outside of the US 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 US may be considered, even if it is less than one year.
  • Fail to file income tax returns while living outside of the US for any period.
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Old 16.10.2007, 13:57
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Re: US Citizen/Green Card holder - how long is it possible to stay here?

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The Department of Homeland Security disagrees. And since they're the people, rightly or wrongly, that can take her card, I'll follow what they say.
------------

All the above is true but I know many people in CH who have been out for 5 years, working with Novartis etc. They are able to keep their permanent residence in the US, using a variety of ways. So it is not a problem at all if you stay out for 5+ years even, let alone 2 years.
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Old 16.10.2007, 14:22
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Re: US Citizen/Green Card holder - how long is it possible to stay here?

I think it depends on whether or not the person returns to the United States, if they own property in the US, file US taxes, and so forth. I imagine it is possible if people do it. However, you could get unlucky - if you get a cranky USCIS officer at the point of entry, they can turn you back.

Before we came to Switzerland, we consulted an immigration attorney - my husband is an EU citizen was a Permanent Resident of the US. The attorney advised him apply for US citizenship. Apparently the US doesn't care quite so much where you live if you're a citizen, provided that you file your taxes. We had thought the appropriate thing to do was to give up the green card if we decided to stay here. The attorney told us that even giving up Permanent Residency status is risky - if you want to return to the US having given up your status, they may not want to admit you because they think you're trying to establish residency again. I know this sounds bizarre but there is so much grey in US immigration policy and so much is left up the the USCIS officers at entry points.

At any rate, we filed last year, and he became a citizen in June - we are glad that he's now a citizen, makes it much easier to sell our house in the US, and it makes it easier to travel back and forth.

e.
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Old 16.10.2007, 14:42
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Re: US Citizen/Green Card holder - how long is it possible to stay here?

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I think it depends on whether or not the person returns to the United States, if they own property in the US, file US taxes, and so forth. I imagine it is possible if people do it. However, you could get unlucky - if you get a cranky USCIS officer at the point of entry, they can turn you back.

Correct on the above.

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Before we came to Switzerland, we consulted an immigration attorney - my husband is an EU citizen was a Permanent Resident of the US. The attorney advised him apply for US citizenship. Apparently the US doesn't care quite so much where you live if you're a citizen, provided that you file your taxes.

You are lucky that you were eligible to apply for Citz...I think a permanent resident has to wait 5 years before applying ?

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We had thought the appropriate thing to do was to give up the green card if we decided to stay here. The attorney told us that even giving up Permanent Residency status is risky - if you want to return to the US having given up your status, they may not want to admit you because they think you're trying to establish residency again. I know this sounds bizarre but there is so much grey in US immigration policy and so much is left up the the USCIS officers at entry points.
This one is news...why would anyone who gives up the permanent residency status be considered as trying to establish residency again ? Could be, but why doubt intent ?

well done though.

Last edited by swissbob; 16.10.2007 at 18:28. Reason: Cleaned up quotes
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Old 16.10.2007, 15:46
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Re: US Citizen/Green Card holder - how long is it possible to stay here?

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You are lucky that you were eligible to apply for Citz...I think a permanent resident has to wait 5 years before applying ?
In the US, if you became a permanent resident because of marriage to a US citizen, you can apply for citizenship after 3 years. (I am a US citizen by birth). But you are correct in that it takes all other cases 5 years. Or last time I checked, at least that was the case.


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This one is news...why would anyone who gives up the permanent residency status be considered as trying to establish residency again ? Could be, but why doubt intent ?
Why not doubt it? At any rate there are all sorts of weird rules about entering and leaving with and without the proper intent and documentation. I'm talking about coming and going without additional visas - it might be that these folks who stay for 5 years or whatever chance it, and when they finally return to the US, go through the pain of getting a new visa, reentry permit, whatever. I think that's what our attorney was talking about too, now that I think of it.

But also, I think it raises a red flag with the USCIS, who have a hard time believing that someone would actually want to leave the US after having been through the torture of getting a green card. It makes them suspicious, most likely. I would not assume logic in the workings of the USCIS.

e.

Last edited by edot; 16.10.2007 at 15:55. Reason: cleaned up paragraph
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