By Debbie McGoldrick

Employment Green Cards

“MUST a green card recipient via employment stay with the employer for good, or at least for a certain period of time? I am in a big city working for a nice employer who would offer to sponsor me for a green card, but while I like the job I hate the city and would prefer to move elsewhere, or even home. What do you suggest?”

BEING happy in your surroundings is of paramount importance, so if you’re not satisfied living where you are it’s obviously a big problem, green card or not.

Your letter leaves out some important detail. Are you working for your employer as a legal U.S. resident, or are you undocumented? If it is the latter then employment-based sponsorship would not work for you, as you would have to be processed for permanent resident status abroad. This would trigger a ban of three or 10 years from returning to the U.S., depending on the amount of time spent here undocumented.

Presuming you are legal, are you employed here as a skilled (i.e., college degree minimum) or technically “unskilled” (i.e., waiter) worker? The greater your skill level the more options you’ll have at your disposal for permanent residency. (There is a category for unskilled workers, but are there only a few thousands visas available annually, and the processing time is several years.)

As far as employment-based green cards go, once the status has been issued the holder is free to seek employment anywhere. There is no minimum amount of time that must pass before the employee can leave and seek a job elsewhere – though a sponsoring employer might not take kindly if an employee ups and leaves after the status has been granted.

The employment-based green card is good for employment anywhere. The holder is also free to pursue U.S. citizenship after five years of continuous residence.

But again, if you are undocumented, don’t proceed with any kind of employment-based application.

Where to File

“I HAVE a green card and have been living in Ireland for the past four months. I’m thinking of staying here indefinitely, but I’d like the option of being able to return to the U.S. I know there’s the re-entry permit that would let me do so. Can that paperwork be filed from Ireland?”

DEFINITELY not. The I-131 paperwork, which you can view on the U.S. Citizenship and Immigration Service website (www.uscis.gov), clearly states that filing for a re-entry permit must take place while the permanent resident is still in the U.S. The application will be denied if it is filed from abroad.

Not too long ago, an acquaintance showed this column a rejection notice that her cousin received for filing an I-131 while out of the country, so the applications are definitely checked before an approval is issued.

If you are in Ireland you should make it your business to return here to file the paperwork, if you want to preserve your status for future use.

“The alien must apply for the travel document before leaving the United States. Failure to do so may cause the alien to lose permission to re-enter the country, and lead to the denial of any other applications pending,” according to the official information provided by USCIS.