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Legal Questions and Answers 1. My father holds a green card in the United States. He wants to return to China. How can he maintain his green card status? Does he have to come to the United States every six months and how long must he stay each time...
Legal Questions and Answers 1. My father holds a green card in the United States. He wants to return to China. How can he maintain his green card status? Does he have to come to the United States every six months and how long does he have to stay each time? How is this different from the requirements to immigrate to the United States? What procedures do I need to go through if I give up my green card? I heard that if your annual income abroad is less than 92,000 yuan, you don’t have to pay taxes in the United States. If you have a low pension abroad, for example, the annual pension is 9,200 yuan, do you still have to file a tax return? When filing tax returns for foreign income, do I need proof of foreign income or proof of tax payment? Will giving up his green card status affect his future visa to the United States? Answer: If your father wants to maintain his U.S. permanent resident status and stay outside the United States for a long time, it is recommended that he apply for a re-entry permit before leaving the country. Applying for a reentry permit not only proves that he has no intention of giving up being a permanent resident of the United States, but also allows him to continue to stay abroad as long as it does not exceed two years. But if he wants to naturalize, we recommend that he must live in the United States for five consecutive years from the time he obtains his green card to the time he submits the naturalization application form. If he has lived in the United States for five years, but has recently stayed abroad for a long period of time (six months to more than a year), he must have lived in the United States for at least 30 consecutive months before submitting a naturalization application to make up for the time he spent abroad before he can apply for naturalization. If your father has been outside the United States for more than one year, he must apply 4 years and one day after the last date he came in. He must also meet the 30-month residence requirement. If you give up your green card, the easiest way is to not return to the United States until your green card expires, and you will automatically give up. People with no income in the United States do not need to file taxes, but low-income people are required to file taxes, but they may not pay taxes. Your father's annual pension in China is 9,200 yuan. According to the regulations of the US Internal Revenue Service, if he does not pay taxes in China, he will have to file a tax return in the United States, but he may not need to pay taxes because his income is low. If a green card holder has a high income in China and has already paid income tax according to Chinese tax laws, the US IRS will not let such people pay taxes twice. Therefore, when filing taxes in the United States, you must provide tax payment records in China to achieve the purpose of not paying taxes repeatedly in the United States (referring to those whose overseas income does not exceed 92,000 yuan). If you have not accumulated 40 working points in the United States, you will not receive social security benefits when you retire. If a green card holder does not pay taxes abroad, you will have to file taxes in the United States. Whether or not to pay tax depends on the person's overseas income. Giving up a U.S. green card will generally not affect his future non-immigrant visas. 2. Two years ago, a friend of mine borrowed 2,000 yuan from me. She told me that there was a family emergency and she needed money urgently. She burst into tears of gratitude and repeatedly told me that she would return it all within two or three months. But six months later, when I saw this friend again, she didn’t even mention the money she owed. I asked her to return the 2,000 yuan I lent her earlier. She promised to deliver it to me personally in a week. But there was no sign of her. She called and she didn't even answer my call. I went to her house to look for her, but the building was already empty. Fast forward 2 years, I went to the supermarket a few days ago and saw her. I walked up to her and asked for money and accused her. She became angry and had a quarrel with me. When I got angry, I grabbed her arm and asked her to go to the police station with me. She refused and we started fighting. She took out her cell phone and called the police. When the police arrived, they asked about the situation. Instead of blaming her, they handcuffed me and took me to the police station and locked me up. I was released the next day, but was informed that I would have to go to court in a month. My friend did not pay back the money he owed and did something wrong, but he was not punished. Why did I have to go to court? What is the justice? What should I do? Answer: The United States is a country governed by the rule of law. If you break the law, you will be punished by law. In the United States, courts at all levels handle different cases according to relevant laws. From a broad perspective, they are divided into two categories: civil and criminal, so there are civil courts and criminal courts. Repaying money owed should not be considered a civil matter. Because the amount owed does not exceed 2,500 yuan, if you have an IOU from her, you can go to the local small claims court to sue her. But because you were angry and grabbed her arm in public, you may have violated the criminal law. Because you didn't hit your friend, you should just go to court to pay the fine or go to class, otherwise you might get into bigger trouble. You must appear at the court date and pay the fine. If you skip court, your matter may escalate. The judge may issue a warrant for your arrest for absconding from court.
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